HomeMy WebLinkAboutSupplement No. 66: 10-2003
CODE
County of
ST. LUCIE, FLORIDA
SUPPLEMENT NO. 66
October 2003
Looseleaf Supplement
This Supplement contains all ordinances deemed advisable to be included at
this time through:
Ordinance No. 03-34, adopted August 19, 2003.
See the Code Comparative Table for further information.
Remoae old pages
ix-xii
Checklist of up-to-date pages
59-66
159, 160
380.7, 380.8
433-443
791-7942
957, 958
1069-1072.2
2671-2686
3752.7, 3752.8
3777, 3778
3827-3832
3857, 3858
3866.1-3872
3886.1-3888
Insert new pages
ix-xii
Checklist of up-to-date pages
(following Table of Contents)
59-66.6
159-160.1
380.7-380.10
433-446
791-794.2
95'l, 958
1069-10722
2671-2680
3752.7-3752.9
3777, 3778
382?-3833
3857, 3858
3867-3872
3887-3888.1
Insert and maintain this instruction sheet in front of this publication. File
removed pages for reference.
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TABLE OF CONTENTS
Officials of County ...........................................
Preface .....................................................
Adopting Ordinance .........................................
Checklist of Up-to-Date Pages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART I
CODE OF ORDINANCES
Chapter
1-1 General Provisions
1-2 Administration . . .
Art. I. In General ...................................
Art. II. Officers and Employees . . . . . . . . . . . . . . . . . . . . . .
Art. III. Code Enforcement Board . . . . . . . . . . . . . . . . . . . .
Art. IV. Purchasing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Div. 1. Generally ...............................
Div. 2. Competitive Purchase Bi~ding . . . . . . . . . . . .
Div. 3: Design-Build Contracts ...................
Art. V. Lobbyist Registration and Reporting . . . . . . . . . .
Art. VI. Criminal History Record Checks . . . . . . . . . . . . .
1-2.3 Airports and Aircraft ..................................
Art. I. In General ...................................
Art. II. Regulation of Vehicular Traffic and Parking ...
1-2.5 Alarm Systems . . . . . . . . . . . .
1-3 Alcoholic Beverages .....................................
Art. I. In General ...................................
Art. II. Regulation of Open Containers . . . . . . . . . . . . . . .
Art. III. Specified Sexual Activities in Commercial Es-
tablishments ...............................
1-4 Animals and Fowl . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. I. In General ...................................
Art. II. Animal Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1-4.5 Art ..................................................
Art. I. Art in Public Places . . . . . . . . . . . . . . . . . . . . . . . . . .
1-5 Boating . . . .
Art. I. Vessel Control and Water Safety . . . . . . . . . . . . . .
1-5.5 Cable Television Franchise Ordinance . . . . . . . . . . . . . . . . . .
1-6 Children ...............................................
Art. I. In General ...................................
Art. II. Parental Neglect ............................
Supp. No. 66 ix
Page
lll
v
vii
[ll
1
55
55
57
59
66.3
66.3
66.4
66.5
68
70.1
71
71
73
83
107
1~7
108
109
15'I
157
157
168.1
168.1
171
171
181
261
261
261
ST. LUCIE COUNTY CODE
Chapter Page
Art. III. Chilclren's Services . . . . . . . . . . . . . . . . . . . . . . . . . 262
Art. IV. Merchandising of Tobacco Products. . . . . . . . . . . 267
~-6.3 Civil Defense and Emergency Management . . . . . . . . . . . . . 269
Art. I. fteserved .................................... 269
Art. II. Reserved ................................... 269
Art. III. Reserved ................................... 269
Art. IV. Prohibitions on Price Gouging During Emergen-
cies ........................................ 269
1-6.5 Community Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 285
Art. I. In General ................................... 285
Art. II. Pine Valley Community Development District . 285
Art. III. Lake Lucie Community Development District 287
Art. IV. Reserve Community Development District .... 288
Art. V. Educational Facilities Impact Fee . . . . . . . . . . . . . 289
Art. VI. Reserve Community Development District #2 . 293
Art. VII. Westchester Community Development Dis-
trict No. 1 ................................. 295
t~rt. VIII. Westchester Community Development Dis-
trict Na. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2961
Art. IX. Westchester Comxnunity Development District
No.3 ...................................... 296.4
Art. X. Westchester Community Development District
No. 4 ....................................... 296.6
Art. Xi. Reserved ................................... 296.8
Art. XII. Reserved .................................. 296.9 .
Art. XII. Porta~ino Shores Community Development Dis-
trict ...................................... 296.9
1-6.8 Contractors .......................................... 297
Art. I. In General ................................... 297
Art. II. Unlicensed Contractors Enforcement Proce-
dures .................................. ... 297
1-7 Courts ................................................. 313
Art. I. In General ................................... 313
Art. II. Alcohol and Other Drug Abuse 74vst Fund .... 320
Art. III. Driver Education Safety ~ust Fund . . . . . . . . . 322
1-7.5 Drainage and Erosion Control . . . . . . . . . . . . . . . . . . . . . .. . . . 33?
Art. I. In General ................................... 337
Art. II. St. Lucie River . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 337
1-7.6 Environmental Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 347
Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34'7
Art. II. Marine Sanitation . . . . . . . . . .. . . . . . . . .. . . . . . . . 347
Art. III. On-Site Sewage Disposal Systems on
Hutchinson Island .......................... 351
I-7.8 Firearms ....................................:........ 371
1-?.9 Fire Protection ....................................... 373
Art. I. Fire/EMS Protection Impact Fee . . . . . . . . . . . . . . 373
Supp. No. 66 X
TABLE OF CONTENTS
Chapter
1-8 Fish and Game ............................:............
1-8.5 Reserved .............................................
1-9 Garbage,~ash and Refuse ..............................
Art. I. In General ...................................
Art. II. Abandoned Property, Garbage, ~ash, Junk and
Debris ......................................
Art. III. Garbage and ~ash Collection . . . . . . . . . . . . . . .
Art. IV. Mandatory Disposal . . . . . . . . . . . . . . . . . . . . . . . . .
Art. V. Collection of Solid Waste and Recyclable Mate-
rials ........................................
Div. 1. Generally ...............................
Div. 2. Mandatory Collection of Solid Waste ......
Div. 3. Solid Waste Collection Service Agreements.
1-10 Health and Sanitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. I. In General ...................................
Art. II. Sludge, Septage and Sewage Disposal. ........
Art. III. Sewage Disposal Capacity . . . . . . . . . . . . . . . . . . .
Art. IV. St. Lucie County Cross Connection Control
Policy ......................................
1-10.5 Housing .............................................
Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. II. Housing Finance Authority . . . . . . . . . . . . . . . . . .
Art. III. Fair Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. IV. State Housing Initiatives Partnership Program
1-11 Library ...............................................
Art. I. In General ...................................
Art. II. Libraries Impact Fee . . . . . . . . . . . . . . . . . . . . . . . .
1-12 Licenses, Permits and Miscellaneous Business Regulations
Art. I. In General ...................................
Art. II. Occupational License Taxes and Regulations ..
1-12.5 Life Support Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .
1-13 Reserved .............................................
1-13.3 Motor C arriers ......................................
Art. I. In General ...................................
Art. II. Licensure ...................................
1-13.5 Municipal Service Tasing or Benefit Units . . . . . . . . . . . . .
1-13.8 Noise Control .......................................
1-14 Offenses and Miscellaneous Provisions . . . . . . . . . . . . . . . . . .
Art. I. In General ...................................
Art. II. Regulation of Distribution of Commercial Hand-
bills ........................................
Art. III. Motor Vehicle Title Loans . . . . . . . . . . . . . . . . . . .
Supp. N o. 66 xi
Page
382.7
383
421
421
422
426
433
437
437
443
444
465
465
465
469
470
515
515
515
516
522
565
565
567
617
617
617
659
689
697
697
697
715
729
739
739
740
742
ST. LUCIE COUNTY CODE
Chapter Page
1-14.5 Offcers and Employees .............................. 763
Art. I. In General ................................... 763
Art. II. Deferred Compensation Program . . . . . . . • • • • • • 763
1-15 Parks and Recreation ................................:. 789
Art. I. In General ................................... 789
Art. II. Regulations for Properties and Facilities Owned
or Leased by County ......................... ?90
Art. III. Parks Impact Fee . . . . . . . . . . . . . . . . . . . . . . . . . . 794.1
1-16 Planning ............................................. 849
Art. I. In General ................................... 849
Art. II. Comprehensive Plan . . . . . . . . . . . . . . . . . . . . . . . . . 849
Art. IIi. Historical Commission . . . . . . . . . . . . . . . . . . . . . . 851
Art. IV Reserved ................................... 854
Art. V. Reserved .................................... 854
1-162 Public Property ...................................... 855
Art. I. Disposition of Surplus Real Property . . . . . . . . . . 855
1-16.3 Public Buildings_. ................................... 857
Art. I..In General ................................... 857
Art. Ii. Public Buildings Impact Fee . . . . . . . . . . . . . . . . . 857
1-16.5 Railroads ........................................... 879
1-17 Roads and Bridges .................................... 903
Art. I. In General ................................... 903
Art. II. Special Improvement Service District . . . . . . . . . 903
Art. III. Roads Impact F~e . . . . . . . . . . . . . . . . . . . . . . . . . . 907
Art. N Building and Equipment Moving . . . . . . . . . . . . . 924.8
Art. V. Street and House Naming and Numbering .... 927
Art. VI. Reserved ................................... 930
1-i8 Sheriff .:.............................................. 957
1-19 Reservec~ ............................................. 1005
1-19.3 Ta.xation ............................................ 1035
Art. T. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1035
Art. II. Reserved ................................... 1035
Art. III. Tourist Development T~ . . . . . . . . . . . . . . . . . . . . 1035
Art. IV Local Option Motor Fuel Tax . . . . . . . . . . . . . . . . 1039
Art. V. Economic Development Ad Valorem Tax Exemp-
tions ......................:................. 1040
Art. VI. Discretionary Sales Surt~ . . . . . . . . . . . . . . . . . . 1045
Art. VII. Ninth Cent Gas Tax . . . . . . . . . . . . . . . . . . . . . . . . 1047
Art. VIII. Homestead Exemptio~ for Persons 65 and
Older .................................... 1047
1-19.5 Tourism ............................................. 1049
Art. I. In General ..........................:........ 1049
Art. II. St. Lucie County Tourist Development Council 1049
Supp. No. 66 Xil
Checklist of Up-to-Date Pages
(This checklist will be updated with the
printing of each Supplemeat)
From our experience in publishing Looseleaf Supplements on a page-far-page
substitution basis, it has become evident that through usage and
supplementation many pages can be inserted and removed in error.
The follo~ving listing is included in this Code as a ready guide for the user
to determine whether the Code volume properly reflects the latest printing of
each page.
In the first column all page numbers are listed in sequence. The second
column reflects the latest printing of the pages as they should appear in an
up-to-date volume. The letters "OC" indicate the pages have not been reprinted
in the Supplement Service and appear as published for the original Code.
When a page has been reprinted or printed in the Supplement Service, this
column reflects the identification number or Supplement Number printed on
the bottom of the page.
In addition to assisting existing holders of the Code, this list may be used
in compiling an up-to-date copy from the original Code and subsequent
Supplements.
Page No. Supp. No. Page No. Supp. No.
Title page OC 'I5, 76 26
iii OC 77, 78 2~
v, vi OC 79, 8~ 24
vii, viii OC 83, 84 55
ix, x 66 85, 86 ~~
~, xii 66 87, 88 5~
~ii, xiv 63 89, 90 55
1, 2 OC 91, 92 55
3, 4 OC 107, 108 32
55, 56 64 109 32
57, 58 61 11 i, 112 19
58.1 61 113, 114 1g
59, 60 66 115 Y9
61, 62 66 157, 158 41
63, 64 66 159, 160 66
65, 66 66 160.1 66
66.1, 66.2 66 161, 162 38
66.3, 66.4 66 163, 164 41
66.5, 66.6 66 165, 166 41
67, 68 30 167, 168 55
69, 70 64 168.1, 168.2 62
70.1, 70.2 64 169 62
71, 72 24 170.1, 170.2 56
73, 74 24 170.3 56
Supp. No. 66 ~l)
ST. LUCIE COUNTY CODE
Page No. Supp. No. Page No. Supp. No.
171, 172 52 296.9, 296.10 63
173, I74 52 296.11, 296.12 63
175, 176 52 297, 298 39
177 52 299, 300 39
18i, 18~ 51 301, 302 39
183, 184 51 303, 304 39
185, 186 51 305 42
i87,188 51 313, 314 62
189, 190 51 315, 316 53
191; 192 51 317, 318 53
193, 194 51 318.1 53
195, 196 51 319, 320 55
~g7, igg 51 321, 322 fil
199, 200 51 323 61
201, 202 51 337, 338 20
203, 204 51 339 2a
205, 206 51 347, 348 34
207, 208 51 349, 350 34
209, 210 51 351, 352 34
211, 212 51 353 34
213, 214 51 371 25
215, 21~ 51 373, 374 56
217, 218 51 375, 376 56
219 51 377, 378 56
22~, 222 49 379, 380 56
223, ~24 49 380.1, 3802 56
2~ 49 380.3, 380.4 56
261, 262 58 380.5, 380.6 57
263, 264 58 380.7, 380.8 66
265, 266 5$ 380.9, 380.10 66
267, 288 59 381 56
269, 270 59 383 29
271, 272 59 421, 422 51
285, 286 63 422.1 51
2g7f 288 63 423, 424 44
288.1 63 425, 426 44
289, 290 34 427 44
291, 292 46 431, 432 29
293, 294 55 433, 434 66
295, 296 60 435, 436 66
296.1, 296.2 60 437, 438 66
296.3, 296.4 60 439, 440 66
296.5, 296.6 60 441, 442 66
296.7, 296.8 63 443, 444 66
Supp. No. 66 ~2~
CHECKLIST OF UP-TO-DATE PAGES
Page No. Supp. No. Page No. Supp. No.
445, 446 66 723, 724 49
465, 466 44 725, 726 49
467, 468 44 729, 730 62
469, 470 44 731, 732 62
471 44 733, 734 64
515, 516 35 735, 736 ~`~
517, 518 32 739, 740 55
519, 520 32 741, 742 56
521, 522 35 763, 764 9
523, 524 35 789, 790 42
565, 566 57 791, 792 66
567, 568 57 79~, 794 66
569, 570 56 794.1, 7942 ~6
570.1 56 795, 796 56
571, 572 ~2 797, 798 56
573, 574 56 798.1 56
575, 576 42 799, 800 ~2
577, 578 56 801, 802 56
579, 580 57 803, 804 4~
581, 582 42 805, 806 56
617, 618 57 807, 808 57
619, 620 57 809, 810 42
621, 622 57 849, 850 29
623, 624 57 851, 852 52
625, 626 57 853, 854 61
627 57 855, 856 61
659, 660 43 856.1 61
661, 662 43 857, 858 56
663, 664 43 859, 860 56
665, 666 43 861, 862 ~6
667, 668 43 863, 864 42
669, 670 43 865, 866 56
671, 672 43 867, 868 42
689 29 869, 870 42
697, 698 44 871, 872 57
699, 700 44 873 42
701, 702 44 879 20
703, 704 44 903, 904 56
705, 706 44 905, 906 56
707, 708 44 907, 908 56
715, 716 44 909, 910 56
717, 718 49 911, 912 56
719, 720 49 913, 914 56
721, 722 51 915, 916 56
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ST. LUCIE COUIYTY CODE
Fage No. Supp. No. Page No. Supp. No.
917~ g~g 56 2235, 2236 10
919, 920 57 2237 10
921, 922 41 2287 OC
923 56 2337, 2338 15
924.1, 9242 34 2339 15
924.3, 924.4 34 2389 OC
924.5, 924.6 34 2439, 2440 44
924.7, 924.8 56 2441, 2442 44
924.9, 924.10 56 2443, 2444 53
925, 926 17 2445, 2446 55
927, 928 17 2446.1 55
929, 930 29 2447, 2448 44
957, 958 66 2449, 2450 44
10U5 29 2451,2452 44
1035, 1036 63 2453, 2454 44
1036.1 63 2455, 2456 44
1037, 1Q38 34 2457, 2458 44
1039, 1040 58 2459, 2460 44
~040. } 51 2461, 2462 44
1041, 1042 34 2501, 2502 53
~D43, 1044 59 2503, 2504 53
1044.1 59 2505, 2506 53
1045, 1046 49 2507, 2508 53
1Q47, 1048 63 2509, 2510 53
1049, I050 47 2511, 2512 53
1065, 1066 46 2513, 2514 53
1~66.1 46 2515 53
1067, 1068 34 2535, 2536 12
1fl69, 1070 66 2537, 2538 1~
1072, 1072 66 2539, 2540 12
i.0'~2.1, 10722 66 2541, 2542 12
1073,1074 34 2543 12
1075, 1076 34 2563, 2564 ~C
1078
107~ 34 2615, 2616 OC
,
1079, 1080 32 2617, 2618 OC
1082
1081 46 2619, 2620 OC
,
1095, 2096 56 2621 OC
1097, 1098 55 2671, 2672 66
1113, 1114 30 2673, 2674 66
1127 OC 2675, 2676 66
1615 29 2677,2678 66
1987 29 2679,2680 66
2231, 2232 OC 2735, 2736 53
2233, 2234 OC 2737 53
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2837, 2838
2839, 2840
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2843, 2844
2895, 2896
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2947, 2948
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2951, 2952
2953, 2954
3005
3063, 3064
3065, 3066
3067, 3068
3119
3169, 3170
3671, 3672
3673
3723, 3724
3725, 3726
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3729, 3730
3731, 3732
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3737, 3738
3739, 3740
3741, 3742
3743, 3744
3745, 3746
37~7, 3748
3749, 3750
3751, 3752
3752.1, 37522
3752.3, 3752.4
3752.5, 3752.6
3752.7, 3752.8
3752.9
3753, 3754
3755, 3756
3757, 3758
3759, 3760
3761, 3762
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3829, 3830
3831, 3832
3833
3849, 3850
3851, 3852
3853, 3854
3855, 3856
3857, 3858
3859, 3860
3860.1, 3860.2
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3862.1
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3865, 3866
3867, 3868
3869, 3870
3871, 3872
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3877, 3878
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ADMINISTRATION § 1-2-21
act, event or omission of action within the scope of his employment or function.
(Ord. No. 79-8, § 1, 5-22-79)
Sec. 1-2-18. Payment of defense costs in civil suits arising from acts within scope of
employment or function.
The county is hereby authorized to provide for and pay for the defense of any county officer,
commissioner, ageni or employee of the county in any civil suit arising out of the performance
of his duties or arising as a result of any act, event or omission of action within the scope of his
function or employment.
(Ord. No. 79-9, § 1, 5-22-79)
ARTICLE III. CODE ENFORCEMENT BOARD'K
Sec. 1-2-19. Creation.
Pursuant to the provisions of the Local Government Code Enforcement Baards Act, Chapter
162, Florida Statutes, an administrative board to be known as tl~e "St. Lucie County Code
Fnforcement Board" is hereby established.
(Ord. No. 87-19, Pt. A, 6-2-87; Ord. No. 87-71, Pt. A, 10-13-87)
Sec. 1-2-20. De~nitions.
Code en forcement administrator shall mean that individual designated as such by the public
works director.
Code inspector shall mean a~y authorized agent or employee of St. Lucie County whose duty
it is to ensure code compliance.
Enforcement board shall mean the St. Lucie County Code Enforcement Board.
Repeat violation means a violation of a provi~sion of a code or ordinance by a person who ~as
been previously found through a code enforcement board or any other quasi judicial or judicial
process, to have violated or who has admitted violating the same provision within five (5) years
prior to the violation, notwithstanding the violations occur at different locations.
(Ord. No. 87-19, Pt. A, 6-2-87; Ord. No. 87-71, Pt. A, 10-13-87; Ord. No. 89-63, Pt. A, 9-26-89;
Ord. No. 03-11, § Pt. A, 8-19-03)
Sec. 1-2-21. Organization.
(a) Composition; qualification of inembers. The board of county commissioners shall
appoint, by resolution, a seven-member code enforcement board. The board of county
commissioners may appoint up to two (2) alternate members to serve on the enforcement baard
*Editor's note-Ordinance No. 87-19, Pt. A, adopted June 2, 1987, amended former Art. III
to read as herein set out. Prior to amendment, Art. III contained §§ 1-2-19-1-2-27, pertaining
to similar subject matter and deriving from Ord. No. 83-11, Pt. A, adopted Nov. 22, 1983, and
Ord. No. 86-06, Pt. A, adopted Mar. 4, 1986.
Supp. No. 66 59
§ 1-2-21 ST. LUCIE COUNTY CODE
in the absence of enforcement board members. Members or alternate members of the
enforcement board shall be residents of St. Lucie County. Appointments shall be made in
accordance with applicable laws and ordinances, on the basis of experience and interest in the
fields of zoning and building control. 1'he membership of the enforcement board shall,
whenever possible, include an architect, a businessman, an engineer, a general contractor, a
subcontractor, and a realtor.
(b) Appointment of inembers; terms; vacancies; failure to attend meetings. The initial
appointments to the enforcement board shall be as follows:
(1) ~vo (2) members shall be appointed for terms of one (1) year.
(2) Three (3) members shall be appointed for terms of two (2) years.
(3) Two (2) members shall be appointed for terms of three (3) years.
Thereafter, all appointments shall be made for terms of three (3) years. Each one (1) of the
five (5) county commissioners shall individually appoint one (1) member of the enforcement
board. The board o#'county commissioners shall collectively appoint the other two (2) members
of the enforcement board. Enforcement board members collectively appointed by the board of
county commissioners shall not serve more than two (2) consecutive full three-year terms.
Enforcement board members individually appointed by one (1) county commissioner may serve
more than two (2) consecutive terms. However, when a county commissioner leaves office, his
successor may repiace the member appointed by his predecessor with an individual of his
choosing who shall complete the unexpired term of the replaced member. At the completion of
the unexpired term, the county commissioner shall determine whether to reappoint the
individual or replace him with another individual of his choosing. If the board of county
commissioners determines that a~ternate members are necessary to the proper functioning of
the enforcement board the board of county commissioners shall collectively appoint one or two
alternate members who shall not serve more than two (2) consecutive full three-year terms. If
two (2) alternate members are appointed, service on the enforcement board shall be alternated
between the two (2) as needed.
Appointments to fill any vacancy on the enforcement board shall be for the remainder of the
unexpired term of Qffice. If any member fails to attend two (2) of three (3) successive meetings
without cause and without prior approval of the chairman, the enforcement board shall declare
the member's office vacant. Any member of the enforc~ment board may be removed for cause
by the board of county commissioners at any time, provided however, that before such removal
such member shall be provided written charges and given an opportunity to appear in his
defense at a public meeting. Upon removal of a member or vacancy created upon a member's
resignation or declaration of the enforcement board, the board of county commissioners shall
promptly fill the vacancy if the member was one (1) of the two (2) appointed collectively by the
board of county commissioners. If the member was individually appointed by one (1) county
commissioner, that commissioner shall promptly fill the vacancy.
S~tp~. No. ss 60
ADIVIINISTRATION § 1-2-22
(c) The members of the enforcement board shall elect a chairman, who shall be a voting
member, from among the members of the board. The presence of four l4) or more members
shall constitute a quorum of the enforcement board. Members shall serve without compensa-
tion, but may be reimbursed for such travel, mileage, and per diem expenses as may be
authorized by the board of county commissioners.
(d) The attorney for the board of county commissioners shall present cases before the
enforcement board. Private counsel shall be retained to represent the enforcement board.
(Ord. No. 87-19, Pt. A, 6-2-87; Ord. No. 87-71, Pt. A, 1~-13-87; Ord. No. 88-79, Pt. A, 10-25-88;
Ord. No. 89-63, Pt. A, 9-26-89; Ord. No. 03-11, § Pt. A, $-19-03)
Sec. 1-2-22. Enforcement procedure.
(a) It shall be the duty of the code inspector to initiate enf'orcement proceedings of the
various codes. No member of the enforcement board shall have the pawer to initiate such
enforcement proceedings.
(b) Except as provided in subsections (c) and (d), if a violation of the codes is found, the code
4nspector shall notify the violator and give him a reasonable time to correct the violation.
S~iould the violation continue beyond the time specified for correction, the code inspector shall
notify the code enforcement board and request a hearing. The code enforcement board, through
its clerical staff, shall schedule a hearing, and written notice of such hearing shall be hand
delivered or mailed as provided in section 1-2-27.2 of this Code to said violator. At the optian
of the enforcement board, notice may addizionally be served by publication or posting as
provided in section 1-2-27.2. If the violation is corrected and then recurs, or if the violation is
not corrected by the time specified for correction by the code inspector, the case may be
presented to the enforcement board even if the violation has been corrected prior to the board
kiearing, and the notice shall so state.
(c) If the code inspector has reason to believe a violation or the condition causing the
violation presents a serious threat to the public health, safety, and welfare, or if the violation
is irreparable or irreversible in nature, the code inspector shall make a reasonable effort to
notify the violator and may immediately notify the enforcement board and request a hearing.
Id) If a repeat violation is found the code inspector shall notify the violator but is not
required to give the violator a reasonable time to correct the violation. The code inspector, upon
notifying the violator of a repeat violation, shall notify the code enforcement board and request
a hearing. The enforcement board, through its clerical staff shall schedule a hearing and shall
provide notice to said violator pursuant to section 1-2-27.2 of this Code. The case may be
presented to the enforcement board even if the repeat violation has been corrected prior to the
board hearing, and the notice shall so state. If the repeat violation has been corrected, the
enforcement board retains the right to schedule a hearing to determine costs and impose the
payment of reasonable enforcement fees upon the repeat violator. The repeat violator may
choose to waive his rights to this hearing and pay said costs as determined by the enforcement
board.
Supp. No. 66 61
§ 1-2-22 ST. LUCIE COUNTY CODE
(e) If the owner of property which is subject to an enforcement proceeding before an
enforcement board, special master, or court transfers ownership of such property between the
time the initial pleading was served and the time of the hearing, such owner shall:
(1) Disclose, in writing, the existence and the nature of the proceeding to the prospective
transferee.
(2) Deliver to the prospective transferee a copy of the pleadings, notices, and other
materials relating to the code enforcement proceeding received by the transferor.
(3) Disclose, in writing, to the prospective transferee that the new owner will be
responsible for compliance with the applicable code and with orders issued in the code
enfarcement proceeding.
(4) File a notice with the code enforcement official of the transfer of the property, with the
identity and address of the new owner and copies of the disclosures made to the new
owner, within five (5) days after the date of the transfer.
A failure to make the disclosures as provided in paragraphs (e)(1), (2), and (3) before the
transfer creates a refutable presumption of fraud. If the property is transferred before the
hearing, the proceeding shall not be dismissed, but the new owner shall be provided a
reasonable period of time to correct the violation before the hearing is held.
(Ord. No. 87-19, P.t. A, 6-2-87; Ord. No. 87-71, Pt. A, 10-13-87; Ord. No. 89-63, Pt. A, 9-26-89;
Ord. No. 03-11, § Pt. A, 8-19-03)
Sec. 1-2-23. Calling and Eonduct of hearings.
(a) Upon the request of the code inspector, or at such other times as may be necessary, the
chairman of the enforcement board may call hearings of the enforcement board. Hearings may
also be called by written notice signed by at least three (3) members of the enforcement board.
At any hearing, the enforcement board may set a future hearing date. The enforcement ~oard
shall attempt to convene no less frequently than once every two (2) manths, but it may meet
more or less often as the denAand necessitates. Minutes shall be kept of all hearings kry the
enforcement board, and all hearings and proceedings shall be open to the public. The board of
county commissioners shall provide clerical and administrative personnel as may be reason-
ably required by tlie enforcement board for the proper performance of its duties.
(b) Each case before the enforcement board shall be presented by the code enforcement
administrator or his or her appointee. If the code enforcement administrator's appointee
prevails in prosecuting a case before the enforcement board, the board of county commissioners
shall be entitled to recover all costs incurred in prosecuting the case before the enforcement
board and such costs may be included in the lien authorized under section 1-2-25 of this Code.
(c) The enforcement board shall proceed to hear all the cases on the agenda for that day. All
testimony shall be under oath and shall be recorded. The enforcement board shall take
testimony from the code inspector and alleged violator. Formal rules of evidence shall not
apply, but fundamental due process shall be observed and shall govern the proceedings.
Supp. No. 66 62
ADMINISTRATION § 1-2-25
(d) At the conclusion of the hearing, the enforcement board shall issue findings of fact,
based on evidence of record and conclusions of law, and shall issue an order affording the
proper relief consistent with powers granted herein. The finding shall be by motion approved
by a majority of those members present and voting, except that at least four (4) members of the
enforcement board must vote for an action to be official. The order may include a notice that
it must be complied with by a specified date, and that a fine may be imposed, and, under the
conditions specified in section 1-2-25 of this Code, the cost of repairs may be included along
with the fine if the order is not complied with by said date. A certified copy of such order nlay
be recorded in the public records of the county and shall constitute notice to any subsequent
purchasers, successors in interest, or assigns if the violation concerns real property, and the
findings therein shall be binding upon the violator and, if the violation concerns real property,
any subsequent purchasers, successors in interest or assigns. If an order is recorded in the
public records pursuant to this subsection and the order is complied with by the date specified
in the order, the enforcement board shall issue an order acknowledging compliance that shail
be recorded in the public records. A hearing is not required to issue such an order
acknawledging compliance.
(Ord. No. 87-19, Pt. A, 6-2-87; Ord. No. 87-71, Pt. A, 10-13-87; Ord. No. 89-63, Pt. A, 9-26-89;
Qrd. No. 03-11, § Pt. A, 8-19-03)
Sec. 1-2-24. Powers.
(a) Adopt rules for the conduct of its hearings.
(b? Subpoena alleged violators and witnesses to its hearings. Subpoenas shall be served by
the sheriff of St. Lucie County.
(cl Subpoena evidence to its hearings.
(d) Take testimony under oath.
(e) Issue orders having the force of law to command whatever steps are necessary to bring
a violation into compliance.
(Ord. No. 87-19, Pt. A, 6-2-87; Ord. No. 87-71, Pt. A, 10-13-87; Ord. No. 89-63, Pt. A, 9-26-89;
Ord. No. 03-ll, .~~' Pt. A, 8-19-03)
Sec. 1-2-25. Penalty for failure to comply with order.
(a) The enforcement board, upon notification by the code inspector that a previous order of
the enforcement board has not been complied with by the set time or, upon finding that a
repeat violation has been committed, may order the violator to pay a fine in an amount
specified in this section for each day the violation continues past the date set by the
enforcement board for compliance or in the case of a repeat violation, for each day the re~eat
violation continues beginning with the date the repeat violation is found to have occurred by
the code inspector. In addition, if the violation is a violation described in section 1-2-22(c) of
this Code, the enforcement board shall notify the board of county commissioners, which may
make all reasonable repairs which are required to bring the property into compliance and
charge the violator with the reasonable cost of the repairs along with the fane imposed
Supp. No. G6 63
§ 1-2-25 ST. LUCIE COUNTY CODE
pursuant to this section. Making such repairs does not create a continuing obligation on the
part of the board of county commissioners to make further repairs or to maintain the property
and does not create any liability against the board of county commissioners for any damages
to the property if such repairs were completed in good faith. If a finding of a violation or a
repeat violation has been made as provided in this part, a hearing shall not be necessary for
issuance of the order unposing the fine. If, after due notice and hearing, an enforcement board
finds a violation to be irreparable or irreversible in nature, it may order the violator to pay a
fine as specified in paragraph (b)(1) below.
(b) Amount of fines.
(1) A fine imposed pursuant to this section shall not exceed two hundred fifty dollars
($250.00) per day fur a first violation and shall not exceed five hundred dollars
($500.00) per day for a rep~~t violation, and in addition, may include all costs of repairs
pursuant to subsection 1-2-251a). However, if the enforcement board finds the violation
to be irreparable or irreversible in nature, it may impose a fine not to exceed five
thousand dollars ($5,000.00) per violation.
(2) In determining the amount of the fine, if any, the enforcement board shall consider the
following factors:
a. The gravity of the violation;
b. Any actions taken by the violator to correct the violation; and
c. Any previous violations committed by the violator.
(3) The enforcement board may reduce a fine imposed pursuant to this section.
(c) A certified co}~y of an order imposing a fine or a fine plus repair costs may be recorded
in the public records and thereafter shall constitute a lien against the land on which the
violation exists and upon any other real or personaY property owned by the violator. Upon
petition to the circuit court, such order shall be enforceable in the same manner as a court
juc~gment by the sheriffs of the State of Florida, including execution and levy against the
personal property of the violator, but such order shall not be deemed to be a court judgment
except for enforcement purposes. A fine imposed pursuant to this article shall continue to
accrue until the violator comes into compliance or until judgment is rendered in a suit to
foreclose on a lien filed pursuant to this section, whichever occurs first. After three (3) months
from the filing of any such lien which remains unpaid, the enforcement board may authorize
the county attorney to foreclose on the lien or to sue to recover a money judgment for the
amount of the lien plus accrued interest. No lien created pursuant to the provisions of this
article may be foreclosed on real property which is a homestead under Section 4, Article X of
the Florida Constitution: The money judgment provisions of this section shall not apply to real
property or personal property which is covered under Section 4(a), Article X of the Florida
Constitution. •
(Ord. No. 87-19, Pt. A, 6-2-87; Ord. No. 87-71, Pt. A, 10-13-87; Ord. No. 89-63, Pt. A, 9-26-89;
Ord. No. 03-11, § Pt. A, 8-19-03)
Supp. No. 66 64
ADMINISTR.ATION § 1-2-27.2
Sec. 1-2-26. Duration of lien.
No lien provided by this article shall continue for a period longer than twenty (20} years
after the certified copy of an order imposing a fine has been recorded, unless within that time
an action is commenced pursuant to section 1-2-25 in a court of competent jurisdictior~. In an
action to foreclose on a lien or for a money judgment, the prevailing party is entitled to recover
all costs, including a reasonable attorney's fee that it incurs in the action. The board of county
commissioners shall be entitled to collect all costs incurred in recording and satisfying a valid
lien. The contin~ation of the lien effected by the commencement of the action shall not be good
against creditors or subsequent purchasers for valuable consideration without notice, unless a
notice of lis pendens is recorded.
(Ord. No. 87-19, Pt. A, 6-2-87; Ord. No. 87-71, Pt. A, 10-13-87; Ord. No. 89-63, Ft. A, 9-26-8'9;
Ord. No. 03-11, § Pt. A, 8-19-03)
Sec. 1-2-27. Reserved.
Editor's note-Former § 1-2-27, "Appeals; notice; provisions of article supplemental," was
~ieleted by Ord. No. 87-71, adopted Oct. 13, 1987. New provisions pertaining to this subject
matter were enacted by the same ordinance and designated as §§ 1-2-27.1-1-2-27.3.
Sec. 1-2-271. Appeals.
An aggrieved party, including the board of county commissioners, may appeal a final
administrative order of the enforcement board to the circuit court. Such appea) shall not be a
hearing de novo, but shall be limited to appellate review of the record created before the
enforcement board. An appeal shall be filed within thirty (30) days of the execution of the order
to be appealed.
tOrd. No. 87-71, Pt. A, 1fl-13-87; Ord. No. 03-11, § Pt. A, 8-19-03)
Sec. 1-2-272. Notice.
(a) All notices required by this part shall be provided to the alleged violator by:
(1) Certified mail, return receipt requested, provided if such notice is sent under this
paragraph to the owner of the property in question at the address listed in the tax
collector's office for tax notices, and at any other address provided to the local
government by such owner and is returned as unclaimed or refused, notice may be
provided by posting as described in subparagraphs 1-2-272(2)(b)1 and 2 by first class
mail directed to the addresses furnished to the local government with a properly
executed proof of mailing or affidavit confirming the first class mailing; or
(2) Hand delivery by the sheriff or other law enforcement officer, code inspector, or other
person designated by the local governing body; or
(3) Leaving the notice at the violator's usual place of residence with any person residing
therein who is above fifteen (15) years of age and informing such person of the contents
of the notice; or
Supp. No. 66 65
§ 1-2-272 ST. LUCIE COUNTY CODE
(4) In the case of commercial premises, leaving the notice with the manager or other
person in charge.
(b) In addition to providing notice as set forth in subsection (1), at the option of the code
enforcement board, notice may also be served by publication or posting, as follows:
(1) a. Such notice shall be published once during each week for four (4) consecutive
weeks (four publications being sufficient) in a newspaper of general circulation in
the county. The newspaper shall meet such requirements as are prescribed under
F.S. eh. 50 for legal and official advertisements.
b. Proof of publication shall be made as provided in F.S. §§ 50.041 and 50.051.
(2) a. In lieu of publication as described in subparagraph 1-2-272(2)(a)1, such notice
may be posted at least 10 days prior to the hearing, or prior to the expiration of
any deadline contained in the notice, in at least two locations, one of which shall
be the property upon which the violation is alleged to e~rist and the other of which
shall be, at the front door of the St. Lucie County Courthouse or the St. Lucie
County Administrative Cente~.
b. Proof of posting shall be by affidavit of the person posting the notice, which
affidavit shall include a copy of the notice posted and the date and places of its
posting.
(3) a. Notice by publication or posting may run concurrently with, or may foilow, an
attempt or attempts to provide notice by hand delivery or by mail as required
under s~bsection 1.2-272(1).
Evidence that an attempt has been made to hand deliver or mail notice as provided in
subsection 12-272(1), together with proof of publication or posting as provided in subsection
1-2-272(2), shall be suf~icient to show that the notice requirements of this part have been met,
without regard to whether or not the alleged violator actually received such notice.
(Ord. No. 87-71, Pt. A, 10-13-87; Ord. No. 89-63, Pt. A, 9-26-89; Ord. No. 03-11, § Pt. A, 8-19-03)
Sec. 1-2-27.3. Action for money judgments under this chapter; limitation.
Actions for money judgments under this chapter may only be pursued on fines levied after
October 1, 2000. ~
(Ord. No. 87-71, Pt. A, 10-13-87; Ord. No. 03-11, § Pt. A, 8-19-03)
Sec. 1-2-27.4. Provisions of article supplemental.
Nothing contained in this article shall prohibit the board of county commissioners from
enforcing its codes by any other means.
(Ord. No. 03-11, § Pt. A, 8-19-03)
Supp. No. 66 66
ADMINISTRATION § 1-2-27.5
Sec. 1-2-27.5. Supplemental county enforcement procedures.
This supplemental procedure for enforcing St. Lucie County's Codes is hereby established
pursuant to the provisions of F.S. ch. 162, pt. II.
(1} Enforcement procedure.
a. A code enforcement officer is authorized to issue a citation to a person when,
based upon personal investigation, the officer has reasonable cause to believe
that the person has committed a civil infraction in violation of a duly enacted code
or ordinance and that the county court will hear the charge.
b. Prior to issuing a citation, a code enforcement officer shall provide notice to the
person that the person has committed a violation of a code or ordinance and shall
establish a reasonable time period within which the person must correct the
violation. Such time period shall be no more than thirty (30) days. If, upon
personal investigation, a code enforcement officer f nds that the person has not
corrected the violation within the time period, a code enforcement offieer may
issue a citation to the person who has committed the violation. A code enforce-
ment officer does not have to provide the person with a reasonable time period to
correct the violation prior to issuing a citation and may immediately issue a
citation if a repeat violation is found or if the code enforcement officer has reason
to believe that the violation presents a serious threat to the public health, safety,
or welfare, or if the violation is irreparable or irreversible.
c. A citation issued by a code enforcement officer shall be in a form prescribed by the
county and shall contain:
1. The date and time of issuance.
2. The name and address of the person to whom the citation is issued.
3. The date and time the civil infraction was committed.
4. The facts constituting reasonable cause.
5. The number or section of the code or ordinance violated.
6. The name and authority of the code enforcement officer.
7. The procedure for the person to follow in order to pay the civil penalty or to
contest the citation.
8. The applicable civil penalty if the person elects not to contest the citation.
9. The applicable civil penalty if the person elects to contest the citation.
10. A conspicuous statement that if the person fails to pay the civil penalty
within the time allowed, or fails to appear in court to contest the citation,
the person shall be deemed to have waived his or her right to contest the
citation and that, in such case, judgment may be entered against the person
for an amount up to the maximum civil penalty.
Supp. No. 66 66.1
§ 1-2-27.5 ST. LUCIE COUNTY CODE
(2) Conduct of hearing
a. After issuing a citation to an alleged violator, a code enforcement officer shall
deposit the original citation and one copy of the citation with St. Lucie County
Court.
b. The county is authorized to enforce codes and ordinances under the provisions of
this section and may enact an ordinance establishing procedures for the imple-
mentation of such provisions, including a schedule of violations and penalties to
be assessed by code enforcement officers. If the county chooses to enforce codes or
ordinances under the provisions of this section, each code or ordinance or the
ordinance enacted by the county establishing procedures for the implementation
of this section shall provide:
1. That a violation of a code or an ordinance is a civil infraction.
2. A maximum civil penalty not to exceed $500.
3. A civil penalty of less than the maximum civil penalty if the person who has
committed the civil infraction does not contest the citation.
4. ~or t~e issuance of a citation by a code enforcement officer who has
reasonable cause to believe that a person has committed an act in violation
of a code or ordinance.
5. For the contesting of a citation in county court.
6. Such procedures and provisions as are necessary to provide for the en#'orce-
ment of a code or an ordinance under the provisions of this section.
(3) The provisions of this section are additional and supplemental means of enforcing
county or ordinances and may be used for the enforcement of any code or ordinanee, or
for the enforcement of all codes and ordinances. Nothing contained in this section shall
prohihit the county from enforcing its codes or ordinances by any other means.
(4) Fines. A.ny person who wiiling refuses to sign and accept a citation issued by a code
enforcement officer shall be guilty of a misdemeanor of the second degree, punishable
as provided in F.S. §§ 775.082 or 775.083.
(5) Notice to appear.
a. Notwithstanding F.S. § 34.07, a code enforcement officer, designated pursuant to
section 1-2-20 of this Code, may issue a notice to appear at any hearing conducted
by a county court if the officer, based upon personal investigation, has reasonable
cause to believe that the person has violated a code or ordinance. A notice to
appear means a written order issued by a code enforcement officer in lieu of
physical arrest requiring a person accused of violating the law to appear in a
designated court or govern.mental office at a speci~ed date and time. If a person
issued a notice to appear under this section refuses to sign such notice, the code
enforcement officer has no authority to arrest such person.
Supp- No. 66 66.2
ADMINISTR.ATION § ~--~-2~
b. Prior to issuing a notice to appear, a code enforcement officer shall provide
written notice to the person that the person has committed a violation of a code
or ordinance and shall establish a reasonable time period within which the
person must correct the violation. Such time period shall be no fewer than five (5)
days and no more than thirty (30) days. If, upon personal investigation, a code
enforcement officer finds that the person has not corrected the violation within
the prescribed time period, a code enforcement officer may issue a notice to
appear to the person who has committed the violation. A code enforcement officer
is not required to provide the person with a reasonable time period to correct trie
violation prior to issuing a notice to appear and may immediately issue a notice
to appear if a repeat violation is found, or if the code enforcement officer has
reason to believe that the violation presents a serious threat to the public health,
safety, or welfare or that the violator is engaged in violations of an itinerant or
transient nature, as defined by local code or ordinance within the jurisdiction, or
if the violation is irreparable or irreversible.
(Ord. No. 03-11, .~~' Pt. A, 8-19-03)
ARTICLE IV. PURCHASING
DIVISION 1. GENER.ALLY
Sec. 1-2-28. Creation of purchasing department; headed by purchasing agent.
There shall be a county department known as the purchasing department which shall be
headed by the purchasing agent.
(Ord. No. 85-06, Pt. A, 9-24-85)
Sec. 1-2-29. Purchasing department powers, duties and fanctiuns.
The purchasing department shall have the following powers, duties and functions pertain-
ing to the purchasing or procurement of all supplies, materials and services:
(1) To canvass all sources of supply and contract for the purchasing or acquisition of all
supplies or services required by all county departments, divisions, and agencies, under
competitive bidding or by contractual negotiation;
(2) To plan and coordinate purchases in volume and to coordinate purchasing agreements
and contracts from which all county departments as described in the first paragraph
shall receive supplies, materials and services;
(3) To implement the procedures for securing bids or negotiating and awarding contracts;
(4) To determine items and quantities to be purchased locally;
(5) To regulate the purchase by any department of any commodity; to establish standards
and specifications for any commodity; and to set fair prices that may be paid for any
commodity;
Supp. No. 66 66.3
§ 1-2-29 ST. LUCIE COUNTY CODE
(6) To furnish copies of any purchasing regulation to all county departments;
(7) To require that every department and ofi`ice furnish information relative to a proposed
purchase;
(8) To arrange for a disposal of surplus materials and equipment for public sale;
(9) To act as agent for the clerk, sheriff, tax collector, property appraiser or supervisor of
elections from time to time upon request of such officer or officers.
(Ord. No. 85-06, Pt. A, 9-24-85)
Sec. 1-2-3U. Purchasing manual.
The board of county commissioners may adopt by resolution and amend from time to time
a manual of purchasing regulations and procedures. Upon its adoption, such manual shall be
binding upon s~id board and all agencies, boards, departments, and employees responsible to
it.
(Ord. No. 85-06, Pt. A, 9-24-85)
Sec. 1-2-31. "Cou~ty purchases" defined.
As used in this chapter the term "county purchases" shall include any and all items and
nonemployee services which are bought, purchased or procured by or on behalf of the county,
its board of county commissioners, and any other county board, department, officer or
employee, as well as any elected county constitutional officers upon the request of such officers
that the purehasing department act on their behalf, except for the school superintendent, and
school board and its departments, officers and employees.
(Ord. No. 85-06, Pt. A, 9-24-85)
Secs. ~-2-32-I-2-40. Reserved.
DIVISION 2. COMPETITIVE PURCHASE BIDDING*
Sec. 1-2-41. Competitive bidding.
County purchases, as defined elsewhere in this cha~pter, shall be submitted to competitive
bidding in accorc3ance with the county purchasing manual adopted to section 1-2-30 of this
Code.
(Ord. No. 85-06, Pt. A, 9-24-85; Ord. No. 97-43, Pt. A, 12-23-97)
Secs. 1-2-42-1-2-44. Reserved.
*Editor's note-With the permission of the county, § 1-2-41, originally enacted as Article
V has been redesignated as Division 2 under Article IV.
Supp. No. 66 66.4
ADMINISTRATION § 1-2-4?
DIVISION 3. DESIGN-BUILD CONTR,ACTS*
Sec. 1-2-45. Authority.
St. Lucie County is authorized and required by Section 287.055(10)(c), Florida Statutes
(1989), to adopt an ordinance governing the awarding of design-build contracts.
(Ord. No. 91-06, Pt. A, 1-15-91)
Sec. 1-2-46. Findings and determinations.
The board of county commissioners has hereby found that in view of the rapidly increasing
demand for public construction projects in the county, methods for economizing time and costs
in the construction of such projects are needed and that it is both time-and cost-effective in
certain instances to award a single contract for both the design and construction of a public
construction project.
(Ord. No. 91-06, Pt. A, 1-15-91)
5ec. 1-2-47. Definitions.
fThe following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Board means board of county commissioners of St. Lucie County, Florida.
Cou~zty means St. Lucie County, Florida.
County administrator means the county administrator of St. Lucie County, Florida, or his
designee.
Design-build firm means a partnership, corporatton, or other legal entity which:
(1) Is certified under section 489.119, Florida Statutes, to engage in contracting through
a certified or registered general contractor or a certified or registered building
contractor as the qualifying agent; and
(2) Is certified under section 471.023, Florida Statutes, to practice or to offer to practice
engineering; certified under Section 481.219, Florida Statutes, to practice or offer to
practice architecture; or certified under section 481.319 to practice or to offer to
practice landscape architecture.
Design criteria package means concise, performance-oriented drawings or specifications of
the public construction project. The purpose of the design criteria package is to furnish
sufficient information so as to permit design-build firms to prepare a bid or a response to an
agency's request for proposal, or to permit an agency to enter into a negotiated design-build
contract. The design criteria package shall specify such performance-based criteria for the
public construction project, including, but not limited to, the legal description of the site,
interior space requirements, material quality standards, schematic layout and conceptual
*Editor's note-With the permission of the county, ~ 1-2-41, originally enacted as Article
V has been redesignated as Division 2 under Article IV.
Supp. No. ss 66.5
§ 1-2-47 ST. LUCIE COUNTY CODE
design criteria of the project, cost or budget estimates, design and construction schedules, site
develogment requirements, provisians for utilities, stormwater retention and disposal, and
parki.ng requirements, as may be applicable to the project.
Design criteria professional means a firm who holds a current certificate of registration
under Chapter 481, Florida Statutes, to practice architecture or landscape architecture or a
firm who holds a current certificate as a registered engineer under Chapter 471, Florida
Statutes, to practice engineering and who is employed by or under contract to the agency for
the providing of professional architect services, landscape architect services, or engineering
services in connection with the preparation of the design criteria package.
Firm means any individual, firm, partnership, corporation, association, or other legal entity
permitted by law to practice architecture, engineering, or land surveying in the state.
(Ord. No. 91-06, Pt. A, 1-15-91)
Sec. 1-2-48. Design criteria.
(a) Design criteria package.
supp. No. ss 66.6
ANIMALS AND FOWL
§ 1-4-17
harboring or having control or custody of one (1) or more animals including any custodian or
other person in charge of an animal or if the owner is under the age of eighteen (18), that
person's parent or guardian. An animal shall be deemed to be harbored if it is fed or sheltered
for five (5) consecutive days or more.
Public nuisance.
(1) Any animal which:
a. Attacks passersby or passing vehicles without provocation;
b. Attacks any other animal;
c. Is repeatedly at large and not under restraint;
d. Damages private or public property;
e. Repetitively barks, whines, howls, chirps, caws, or whistles for a period of five (5)
minutes or more so as to disturb adjacent residents, except the follawing:
1. Animals located on property zoned AG-1, AG-2.5, AG-5, AR-1 with agricul-
tural classification pursuant to F.S. § 193.461, or PUD where livestock is
permitted,
2. Animals located on property on which livestock is permitted as a noncon-
forming use, or
3. Birds and livestock located on property zoned AR,-1.
f. Causes an anno~ance in the neighborhood by acts such as overturning garbage
cans, defecating, digging holes on other than its owner's property, or such other
acts as are generally regarded to create an annoyance.
(2) Any activity, such as, but not limited to, the feeding of wild animals or fowl which:
a. Causes the fouling of the air by odar and thereby creates unreasonable annoyance
or discomfort to those in close proximity to the premises where the animals or
fowl congregate; or
b_ Causes a sanitary nuisance as defined in F.S. § 386.01.
(3) Nothing in this section shall be interpreted to contravene the provisions of the "Florida
Right to Farm Act", F.S. § 823.14.
Under restraint. Any animal secured by a leash or lead.
Vicious animal. Any fierce or dangerous animal that constitutes a physical threat to human
beings or other animals; or any animal for which the animal control officer has documentation
to establish that the animal has bitten any person or other animal on two (2) separate
occasions without provocation within a period of one (1) year.
(Ord. No. 87-27, Pt. A, 8-25-87; Ord. No. 94-04, Pt. A, 9-6-94; Ord. No. 03-10, Pt. A, 2-4-03; Ord.
No. 03-19, § Pt. A, 8-19-03)
Supp. No. 66 159
§ I-4-i7 ST. LUCIE COUNTY CODE
Sec. 1-417. ~ublic nuisance prohibited.
It shall be unlawful ~for any owner to permit his or her animal to become a public nuisance
or for any individual to create a public nuisance as defined herein.
(Ord. No. 87-27, Pt. A, 8-25-87; Ord. No. 9404, Pt. A, 9-6-94)
Sec. 1-4-18. Animats in estrus.
Any dog or cat in estrus must be humanely confined in a building or secure enclosure in such
a manner that such dog or cat cannot come into contact with another animal except for planned
breeding.
(Orti. No. 94-04, Pt. A, 9-6-94)
Sec. 1-4-19. Vicious animals.
It shall be unlawful for any owner to keep any vicious animal within the county unless it is
confined within a secure building or secure enclosure or unless it is securely muzzled and
under restraint.
(Ord. No. 87-27, Pt. A, 8-25-87; Ord. No. 94-04, Pt. A, 9-6-94)
Sec. 1-4-20, Dangerous dogs.
(a) Adoption of Sections 76710 through 767.14, Florida Statutes, (1993 and 1994). Sections
767.10, Florida Statutes, through and including Section 767.14, Florida Statutes (1993), and
alI subsequent amendments regulating dangerous dogs, as defined in Section 767.11(1),
Florida Statutes, are adopted by reference and incorporated herein and shall apply to the
uni~corporated areas of the county.
(b) Fee: The annual fee for issuance of dangerous dog certificates of registration s~ia11 be
establislied by resol~tion of the board of county co~missioners.
(c) Classific¢tion.
(1) The public safety manager shall investigate reported incidents involving any dog that
may be dangerous, as defined in Section 767.11(1), Florida Statutes, and shall, if
possible, interview the owner and require a sworn affidavit from any person, including
any animal control officer or enforcement officer, desiring to~ have a dog classified as
dangerous. Any dog that is the subject of a dangerous dog investigation, that is not
impounded by the county, shall be humanely ~and safely confined by the owner in a
securely fenced or enclosed area pending the outcome of the investigation and
resolution of any hearings related to the dangerous dog classification. The address of
where the animal resides shall be provided to the public safety manager. No dog that
is the subject of a dangerous dog investigation may be relocated or ownership
transferred pending the outcome of an investigation or any hearings related to the
determination of a dangerous dog classification. In the event that a dog is to be
destroyed, the dog shall not be relocated or ownership transferred.
Supp. No. 66 160
ANIMALS AND FOWL § 1-4-20
(2) The public safety manager shall classify any dog as a dangerous dog in the event he
determines that the dog:
a. Has aggressively bitten, attacked, or endangered or has inflicted severe injury on
a human being on public or private property;
b. Has more than once severely injured or killed a domestic animal while off the
owner's property;
Supp. No. 66 160.1
FIRE PROTECTION § 1-'I.9-16
(b) Any funds not expended or encumbered by the end of the fiscal year immediately
following ten (10) years from the date the fire/EMS protection impact fee payment was
received shall, upon application of the current owner within one hundred eighty (180) days of
the expiration of the ten (10) year period, be returned to the current owner with interest at the
rate of six (6) per cent per annum.
(,Urd. No. 00-003, Pt. A, 5-9-00)
Sec. 1-7.9-15. Exemptions.
(a) The following shall be exempted wholly or in part from payment of the fire/EMS
protection impact fee:
(1) Alteration or expansion of an existing building where no additional residential
dwelling units are created.
{2) The construction of accessory buildings or structures which will not produce additional
need for fire/EMS facilities over and above that produced by the principal building or
use of the land.
(3) The replacement of a destroyed or partially destroyed building or structure in
existence on or after July 1, 2000, with a new building or structure of the same or a
different use provided that no additional need for fire/EMS protectior~ facilities will be
produced over and above those produced by the original use of the land.
(4) Any claim of exemption must be made no later than the time of application for a
building permit or electrical permit for a mobile home. Any claim not so made shall be
deemed waived.
lOrd. No. 00-003, Pt. A, 5-9-00)
Sec. 1-7.9-16. Appeals.
(a) Any decision made by the county administrator in the course of administering the
provisions of this chapter may be appealed to the board of county commissioners by filing a
petition of appeal within thirty (30) calendar days of the date of the rendition of the decision.
(b) The board of county commissioners shall review the petition at a public meeting within
thirty (30) calendar days from the date of appeal of said decision. The petitioner shall be
provided reasonable notice of the time, date, and place of the public meeting by certified mail,
return receipt requested, and invited to attend. Testimony at the public meeting shall be
limited to ten (10) minutes per side, unless an extension of time is granted by the board. The
board's decision shall be final for the purpose of administrative appeals.
The board of county commissioners shall revoke the decision of the county administrator
only if there is competent, substantial evidence in the record that the decision fails to
comply with this article.
(Ord. No. 00-003, Pt. A, 5-9-00)
Supp. No. 66 380.7
§ 1-?.9-17 ST. LUCIE COUNTY CODE
Sec. 1-7.9-17. Review and automatic adjustment of fees.
(a) The fire/EMS protection impact fee shall be adjusted by the county administrator in
April of each calendar year, beguuiing the first year after the adoption of this article. Unless
otherwise directed by the board of county commissioners, any adjustments to the fire/EMS
protection impact fee, made pursuant to this section, shall be effective the first Monday in
October of each calendar year. All adjustments to the fire/EMS protection impact fee s~all be
based on the methodology described in paragraph (b) of this section.
(b) The base for computing any adjustment is the January Consumer Price Indeg-All
Urban Consumers for t~ie United States, published each year by the United States Depart-
ment of Labor, Bureau of Labor Statistics. For the purpose of this section the initial index to
be referenced is January 2000. The fire/EMS protection impact fee shall be adjusted by the
percentage change in the index.
(c) If the index is changed so that the base year is different, the index shall be converted in
accordance with the conversion factor published by the United States Department of Labor,
Bureau of Labor Statistics. If the index is discontinued or revised, such other government
index or computation with which it is replaced shall be used in order to obtain substantially
the same result as would be obtained if the index had not been discontinued or revised.
(d) The board of county commissioners and the St. Lucie County Fire District shall review
the fre/EMS protection impact fee at least once every five (5) years from the effective date of
this article (October 1, 2000).
(Ord. No. 00-003, Pt. A, 5-9-00)
Sec. 1-7.9-18. De~nitions.
Bo¢rd means St. Lucie Coanty Board of County Commissioners.
Building shall mean a permanent structure containing no fewer than faur (4) outer walls
and a roof enclosi~g s~id walls, constructed in accorda~ce with the local building code ancl a
duly issued building permit and for which occupancy is authorized by a du13~ issued certificate
of occupancy. For puxposes of this section, the term building shall also include a part o~' the
structure, such as a unit or space within a shopping center.
Commercial structure or building shall mean a building constructed and used for the
purpose of producing income. For purposes of this section, the term commercial building shall
not include a building designed, constructed and used in accordance with the laws for
residential occupancy.
Fireworks means and ineludes any combustible or explosive composition or substance or
combination of substances or, except as hereinafter provided; any article prepared for the
purpose of producing deflagration, or detonation. The term includes blank cartridges and toy
cannons in which explosives are used, the type of balloons which require fire underneath to
Supp. No. 66 380.8
FIRE PROTECTION § 1-7.9-18
propel them, firecrackers, torpedoes, skyrockets, roman candles, dago bombs, and any
fireworks containing any explosives or flammable compound or any tablets or other device
containing any explosive substance.
"Fireworks" does not include sparklers approved by the Division of State Fire Marshal of the
Department of Insurance pursuant to F.S. ~ 791.013; toy pistols, toy canes, toy guns or other
devices in ~~hich paper caps containing twenty-five hundredths (25/~00) grains or Iess of
explosive compound are used, providing they are so constructed that the hand cannot come
in contact with the cap when in place for the explosion; and toy pistol paper caps which
contain less than twenty hundredths (25/~00) grains of explosive mixture, the sale and use of
which shall be permitted at all times.
"Fireworks" also does not include the following novelties and trick noisemakers:
(1? A snake or glow worm, which is a pressed pellet of not more than ten (10} grams af
pyrotechnic composition that produces a large, snakelike ash which expands i~ length
as the pellet burns and that does not contain mercuric thiocyanate.
(2) A smoke device, which is a tube or sphere containing not more than ten (10) grams of
pyrotechnic composition that, upon burning, produces white or colored smoke as the
primary effect.
(3? A trick noisemaker, which is a device that produces a small report intended to surprise
the user and which includes:
a. A party popper, which is a small plastic or paper devise containing not more than
sixteen (16) milligrams of explosive composition that is friction sensitive, which
is ignited by pulling a string protruding from the device, and which expels a paper
streamer and produces a small report.
b. A booby trap, which is a small tube with a string protruding fram both ends
containing not more than sixteen (16) milligrams of explosive compound, which is
ignited by pulling the ends of the string, and which produces a smal2 report.
c. A snapper, which is a small, paper-wrapped device containing not more t~an four
(4) milligxams of explosive composition coated on small bits of sand, and which,
when dropped, explodes, producing a small report. A snapper may not contain
more than two hundred fifty (250) milligrams of total sand and explosive
composition.
d. A trick match, which is a kitchen or book match which is coated with not more
than sixteen (16) milligrams of explosive or pyrotechnic composition and which,
upon ignition, produces a small report or shower of sparks.
e. A cigarette load, which is a small wooden peg that has been coated with not more
than sixteen (16) milligrams of explosive composition and which produces, upon
ignition of a cigarette containing one of the pegs, a small report.
Supp. No. 66 380.9
§ 1-7.9-18 ST. LUCIE COUNTY CODE
f. An auto burglar alarm, which is a tube which contains not more than ten (10)
grams of pyrotechnic composition that produces a loud whistle or smoke when
ignited and which is ignited by use of a squib. A small quantity of explosive, not
exceeding fifty (50) milligrams, may also be used to produce a small regort.
NFPA means the National Fire Protection Association.
Occupancy means the purpose for which a building or portion thereof is used or intended to
be used.
Retailer means any person who at a fixed place of business is engaged in selling sparklers
to consumer at retaiL
Seasonal retailer means any person engaged in the business of selling sparklers at retail in
St. Lucie County from June 20 through July 5 and from December 10 through January 2 of
each year.
Sparkler means any device which emits showers of sparks upon burning, does not contain
any explosive compounds, does not detonate or explode, is handheld or ground based, cannot
propel itself through the air, and contains not more than one hundred (100) grams of the
chemical co~pound which produces sparks upon burning. Any sparkler that is not approved by
the division or state fire marshal is classified as fireworks.
Wholes¢ler means any person engaged in the business of selling sparklers to a retailer.
(Ord. No. 03-020, § Pt. A, 7-1-03)
Sec. I-7.9-19. Manufacture, sale and use of fireworks,
(a) The ~nanufacture af firewarks in St. Lucie County is prohibited.
(b) Except as herein provided, it shall be unlawful to sell any fireworks in St. Lucie County.
(c) It shall be unlawful for any person to possess, use or explode any fireworks at any public
assembly in St. Lucie County, unless such use is approved and authorized b3~ the St. Lucie
County Fire District.
(d) A registered wholesaler, properly licensed and registered with the state fire marshal
and St. Lucie County at the time of sale, may sell fireworks as provided in state law and as
further provided herein.
(e) The authorized sale of fireworks may only be made on commercial or industrially zoned
lands and only from a permanent commercial building. Such building shall be protected with
automatic fire sprinklers and fire alarms in accordance with the appropriate NFPA standards
for such occupancy hazard. It shall be unlawful to sell fireworks from tents, open air stands or
under a canopy.
(Ord. No. 03-020, § Pt. A, 7-1-03)
Supp. No. 66 380.10
GARBAGE, TRASH AND REFUSE
§ 1-9-28
(4) Schedule of rates currently charged to residential and commercial customers. Should
any changes occur in the rate schedule after submittal, the permit holder shall file a
revised rate schedule.
(5) Such fee for renewal of the permit as established by resolution of the board.
(b) A permit renewed pursuant to this section shall be valid from January 1 through
December 31.
(c) If a permit holder fails to comply with the provisions of this section, such permit shall
be suhject to revocation as set forth in section 1-9-24.
(Ord. No. 84-15, Pt. B, 10-23-84; Ord. No. 90-40, Pt. C, 9-4-90)
Sec. 1-9-26. Nontransferability of permiit.
IVo permit issued pursuant to this article may be transferred from the permit holder to any
~ther person, firm, corporation, association, or government entity. Any attempt ta transfer a
permit shall be grounds for revocation as provided 'an section 1-9-24.
(Ord. No. 84-15, Pt. B, 10-23-84)
Sec. 1-9-27. Authority to promulgate rules and regulations.
The board of county commissioners is hereby authorized to establish, by resolution, such
rules and regulations concerning the operation and maintenance of any garbage and trash
collection service permitted pursuant to this article as they may deem necessary to protect the
public health and safety of the citizens of St. Lucie County, Florida. Any failure by a permit
holder to meet and comply with such rules and regulations shall be grounds for permit
revocation as provided in section 1-9-24.
tOrd. No. 85-08, Pt. A, 8-6-85)
Editor's note-Part A of Ord. No. 85-08, enacted Aug. 6, 1985, purported to amend Ch. 1-9
by adding thereto a new § 1-9-25. Inasmuch as Ch. 1-9 already contained §§ 1-9-25 and 1-9-26
which did not appear to be superseded by the new provisions, the new section was added hereto
as § 1-9-27, at the discretion of the editor, with the consent of the county.
ARTICLE IV. MANDATORY DISPOSAL*
Sec. 1-9-28. Title and authority.
This article shall be known as the "St. Lucie County Mandatory Solid Waste Disposal
Ordinance." This article is adopted pursuant to section 403.706, Florida Statutes.
(Ord. No. 90-40, Pt. A, 9-4-90)
*Cross reference-Solid waste disposal assessment, § 1-9, et seq.
Supp. No. 66
433
§ 1-9-29 ST. LUCIE COUNTY CODE
Sec. 1-9-29. Findings and statement of intent.
(a) Findings. It is hereby ascertained, determined and declared that:
(1) There is an inordinate amount of littering and illegal dumping of solid waste on the
public rights-of-way, in public waters and on private lands within the county.
(2) Such littering and illegal dumping constitutes a health hazard to the residents of the
county and an invasion of the property rights of landowners_
(3) Such littering and illegal dumping often results in the creation of an unsanitary
nuisance.
(4) The requiring of all persons owning or occupying property within the county to dispose
of all solid waste generated on such property at a solid waste disposal facility which is
operated, maintained or approved by the board of county commissioners will greatly
reduce the instances of illegal dumping and littering.
{5) It is necessary to the health, welfare and safety of the residents of the county to provide
for a comprehensive program of solid waste disposal.
(6) The ability of the board of county commissioners to control the flow of solid waste to
solid waste disposal facilities operated, maintained or approved by the board is an
essential factor in obtaining fmancing for required improvements to these facilities.
(b) Intent. It is the intent of the board of county commissioners to require owners and
occupants of all property within the county to have all solid waste generated on such property
disposed of in a proper, sanitary and efficient manner.
(Ord. No. 90-40, Pt. A, 9-4-90)
Sec. 1-9-30 De~nitions.
For the purpose of this article, the definitions contained in this section shall. apply unl8ss
othez'wise .specifically stated. When not inconsistent with the context, words used in the
present tense include the future, words in the plural include the singular, and words in the
singular include the plural. Use of the masculine gender shall include the feminine gender.
The word "shall" is always mar~datory and not merely discretionary.
Board means the board of county commissioners of St. Lucie County, Florida.
Clean debris means any solid waste which is virtually inert and which is not a pollution
threat to groundwater or surface waters and is not a fire hazard and which is likely to retain
its physical and chemical structure under expected conditions of disposal or use. The term
includes uncontaminated concrete, including embedded pipe or steel, brick, glass and
ceramics.
County means St. Lucie County, Florida.
Garbage means all kitchen and table food waste, animal or vegetable waste that is
attendant with or results from the storage, preparation, cooking or handling of food materials.
Supp. No. 66 434
GARBAGE, TRASH AND REFUSE § 1-9-30
Hauler means the person who currently collects solid waste as their primary business or
occupation from the owner or occupant for disposal at a solid waste disposal or recycling
facility.
Occupant means the person or persons occupying property, either the owner or other than
the owner of such property if such person occupies the property with the express or implied
consent of such owner.
Owner means the person or persons owning property.
Person means any individual, partnership, firm, organization, corporation, association ar
any other legal entity, whether singular or plural, masculine or feminine, as the context may
require.
Recycling means any process by which solid waste, or materials which would otherwise
become solid waste, are collected, separated or processed and reused or returned to use in the
form of raw materials or products.
Recyclable materials means those materials which are capable of being recycled and which
would otherwise be processed or disposed of as solid waste.
Solid waste means sIudge unregulated under the Federal Clean Water Act or Clean Air Act,
sludge from a waste treatment works, water suppty treatment plant, or air pollution control
facility or garbage, rubbish, refuse, special waste or other discarded material, including solid,
liquid, semisolid or contained gaseous material resulting from domestic, industrial, commer-
cial, mining, agricultural, or governmental operations. Recovered materials as defined above
are not solid waste.
.Solid iuaste disposal facility means any solid waste disposal management faeility which is
the final resting place for solid waste, including landfills and incineration facilities that
praduce ash from the process of incinerating municipal solid waste.
Special waste means solid waste that can require special handling and managernent,
including but not limited to, white gooc~s, waste tires, used oil, lead-acid batteries, construction
~nd demolition debris, ash residue and yard trash and biological wastes.
Unsanitary nuisance means the commission of any act or the giving of the permission for the
commission of any act or the keeping, maintaining, propagating or permitting the existence of
any solid waste by any person by which health or life may be threatened or impaired or by
which disease may be caused. The keeping of the following materials on any real property shall
be considered an unsanitary nuisance; untreated and improperly treated human waste, dead
animals or dangerous waste materials resulting from manufacturing processes or pollutant
gases and noxious odors which are harrnful to health or to human and animal life. The
creation, maintenance or causing of any condition capable of harboring, attracting or breeding
flies, mosquitos or other arthropods and rodents capable of physical harm and transmitting
diseases directly or indirectly to humans shall also be considered an unsanitary nuisance.
White goods means inoperative and discarded refrigerators, ranges, water heaters, freezers,
and other similar domestic and commercial large appliances.
Supp. No. 66 435
§ 2-9-30 ST. LUCIE COLTNTY CODE
Yard trash means vegetative matter resulting from landscaping maintenance and non-
comprehensive land clearing operations.
(Ord. No. 90-40, Pt. A, 9-4-90; Ord. No. 91-27, Pt. A, 12-17-91; Ord. No. 03-22, § Pt. A, 8-12-03)
Sec. 1-9-31. Mandatory disposal of solid waste required.
All solid waste generated within the county shall be disposed of exclusively at a solid waste
disposal facility which is operated, maintained, or approved by the board except for those
recyclable materials which the board authorizes for recycling either by the board or by private
enterprise or specified in an interlocal recycling agreement between the board and one of the
municipalities within the county. All yard trash set out for collection by a hauler shall be
separated from all other solid waste by the owner or occupant in accordance with state law.
(Ord. No. 90-40, Pt, A, 9-4-90; Ord. No. 91-27, Pt. B, 12-17-91; Ord. No. 03-22, § Pt. B, 8-12-03)
Sec. 1-9-32. Prohibited acts.
(a) No person shall place, deposit or dispose of any solid waste except at a solid waste
disposal facility which is operated, maintained or approved by the board, except for those
materials which the board authorizes for recycling, either by the board or by private enterprise
or specified in a recycling agreement between the board and one (1) of the municipalities
within the county.
(b) No person shall place or deposit for temporary storage any solid waste anywhere in the
county in such a manner that it may be carried or deposited by the uncontrolled physical
elements upon any public property or upon the land of another person.
(c) It shall be unlavyful to scatter or spread about or cause to scatter or spread about any
solid waste which has been set out for removal by a person holding a permit obtained pursuant
to Article III of Chapter 1-9 of the county Code af Ordinances.
(d) No owner or occupant shall maintain or permit an unsanitary nuisance. on any property.
(e) No person shall dispose of yard trash at solid waste disposal facilities which are
operated, maintained, or approved by the board unless the yard trash has been separated from
all other solid waste brought to the facility for disposal.
(Ord. No. 90-40, Pt. A, 9-4-90; Ord. No. 91-27, Pt. C, 12-17-91)
Sec. 1-9-33. Penalties for violation.
The violation of any of the regulations, restrictions and limitations promulgated under the
provisions of this section may be restrained by injunction, including a mandatory injunction
and otherwise abated in any manner provided by law.
N~thing contained in this provision shall prohibit or limit the board's ability to enforce a
violation of these provisions by any other means authorized by law.
(Ord. No. 90-40, Pt. A, 9-4-90;.Ord. No. 03-22, § Pt. C, 8-12-03)
Supp. No. 66 436
GAR,BAGE, TRASH AND REFUSE
Sec. 1-9-34. Remedies.
§ 1-9-51
In addition to the penalties as provided herein, the county may have recourse to such other
remedies as provided in law and equity to ensure compliance with the provisions of this article,
including temporary and permanent injunctive relief and recovery of damages. Each day a
violation of this article continues unabated shall be deemed a separate vio~ation of same for
penalty purposes.
(Ord. No. 90-44, Pt. A, 9-4-90)
Sec. 1-9-35. ftevocation of certain permits.
The board shall revoke a permit to operate garbage disposal services, issued pursuant to
Article III of Chapter 1-9 of the county Code of Ordinances, of any person violating a provision
of this article. The board shall follow the procedures for revocation of the permit provided in
section 1-9-24 of this chapter.
(Ord. No. 90-40, Pt. A, 9-4-90)
Secs. 1-9-36-1-9-50. Reserved.
AR.TICLE V. COLLECTIUN OF SOLID WASTE E1ND RECYCLABLE MATERIALS
DIVISION l. GENERALLY
Sec. 1-9-51. Definitions.
The following words and terms shall have the following meaning, unless the context clearly
~therwise requires:
Biological waste means solid waste that causes or has the capability of causing disease or
infection and includes, but is not limited to, biomedical waste, diseased or dead animals, and
other wastes capable of transmitting pathogens to humans or anima~s. The term does not
include human remains that are disposed of by persons licensed under F.S. ch. 470.
Board means the Board of County Commissioners of St. Lucie County, Florida.
Building means any structure, whether temporary or permanent, built for the support,
shelter or enclosure of persons, chattel or property of any kind.
Bulk container means any portable non-absorbent water-resistant container equipped with
or without water-resistant lid or cover and approved by the county administrator or his
designee.
Collection means the process whereby solid waste and recyclable materials are removed
from improved property and transported to a solid waste disposal facility or other solid waste
management or recycling facility.
Commercial property means all improved property other than residential property.
Supp. No. 66 437
§ 1-9-51 ST. LUCIE COLTNTY CODE
Construction and demolition debris means discarded materials generally considered to be
not water-soluble and non-hazardous in nature, including, but not limited t,o, steel, glass,
brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the
construction or destruction of a structure as part of a construction or demolition project or from
the renovation of a structure, and including rocks, soils, tree remains, trees, and other
vegetative matter (land clearing debris) that normally results from land clearing or land
development operations for a construction project, including such debris from construction af
structures at a site remote from the construction or demolition project site. Mixing of
construction and demolition debris with other types of solid waste, will cause it to be classified
as other than construction and demolition debris. The term also includes:
(a) Clean cardboard, paper, plastic, wood and metal scraps from a construction project;
(b) Except as provided in F.S. § 403.707(12)(j), unpainted, nontreated wood scraps from
facilities manufacturing materials used for construction of structures or their compo-
nents and unpainted, nontreated wood pallets provided the wood scraps and pallets
are separated from other solid waste where generated and the generator of such wood
scraps or pallets implements reasonable practices of the generating industry to
minimize the commingling of wood scraps or pallets with other solid waste; and
(c} De minimis amounts of otner nonhazardous wastes that are generated at construction
or destruction projects, provided such amounts are consistent with best management
practices of the industry.
County means St. Lucie County, a political subdivision of the State of Florida.
County adininistrator means the chief executive officer of the county or the designee or
designees of the county administrator which shall represent the county in the administration
and supervision of this ordinance.
C'ounty seraice ared means the unincorporated area of the county.
Duplex shall mean a building that contains two dwelling units.
Dwelling unit shall mean a building, or a portion thereof, which is lawfully used for
residential purposes, consisting of one or more rooms arranged, designed, used, or intended to
be used as living quarters for one family only.
Fiscal year means that period beginning October lst of each year and ending on the 30th
day of September of the subsequent year. .
Hazardous waste means solid waste, or a combination of solid wastes, which, because of its
quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or
significantly contribute to, an increase in mortality or an increase in serious irreversible or
incapacitating reversible illness or may pose a substantial present or potential hazard to
human health or the environment when improperly transported, disposed of, stored, treated,
or otherwise managed. The term does not include human remains that are disposed of by
persons licensed under F.S. ch. 470.
Supp. No. 66 438
GARBAGE, TRASH AND REFIISE § 1-9-51
Improaed property means all property within the county on which a building or other
improvements including, but not limited to, facilities providing retail electrical service to such
property have been placed or constructed, which improvements result in such property
generating solid waste or being capable of generating solid waste.
Land clearing debris means vegetative matter resulting from a comprehensive land clearing
operation, but does not include yard trash.
Mobile ho~ne means manufactured homes, trailers, campers and recreational vehicles.
Owner-contractor means the contractor, c~nly if the solid waste collection service and
recyclable materials collection service delivered by the contractor is limited to property owned
by the contractor.
Public entity crime means a violation of any state or federal law by a person with respect to
and directly related to the transaction of business with any public entity in Florida or with an
agency or political subdivision of any other state or with the United States, including, but not
limited to, any bid or contract for goods or services to be provided to any public entity or an
~igency or political subdivision of any other state or of the United States and involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy or material misrepresenta-
tit~n.
Recovered materials means metal, paper, glass, plastic, textile, or rubber materials that
have known recycling potential, can be feasibly recycled, and have been diverted and source
separated or have been removed from the solid waste stream for sale, use, or reuse as raw
materials, whether or not the materials require subsequent processing or separation from each
other, but does not include materials destined for any use that constitutes disposal. Recovered
materials as described above are not solid waste.
Recyclable material means those materials which are capabie of being recycled and which
would otherwise be processed or disposed of as solid waste.
Recyclable rra~teri¢ls collection service means the collection of recyclable materials.
Recycling means any process by which solid waste, or materials which would otherwise
become solid waste, are collected, separated or processed and reused or returned to use in the
form of raw materials or products.
Recycling bin means two (2) 12-gallon stackable bins suitable for temporary storage of
recyclable materials, the first of which shall be green for newspapers, and the second of which
shall be blue for other commingled recyclable materials.
Recycling container means (a) a 90-gallon hinged lid container, (b) a front end load container
with a storage capacity between one (1) cubic yard and eight (8) cubic yards, or (c) such other
storage container as may be mutually agreed upon among the county, the contractor and any
individual customer.
Recycling ~niraibin means a bin with a volume of not less than ten (10) gallons that is
suitable for temporary storage of recyclable inaterials.
Supp. No. 66 439
§ 1-9-51 ST. LUCIE COUNTY CODE
Regulated contractor means a collection contractor that has a current service agreement
with the county.
Residential property means each parcel of improved property on which a single-family
residence, mobile home, duplex or triplex is located; provided however, that "residential
groperty does not include any parcel of property on which a mobile home is located that is (a)
classified as either "RMH-5" or "PUD" under the county's zoning regulations or (b) classified
as "PUD" or as a conditional use under K-4A" or "R-5" under the zoning regulations of the City
of Fort Pierce.
Roll-off container means any non-absorbent water-resistant container equipped with or
without water-resistant lid or cover and approved by the county administrator or his designee.
~ural seruice area means that portion of the unincorporated area of the county located
Qutside of the urban service area.
Service agreement means an agreement between the board and one or more collection
contractors on such terms as the board deems appropriate. Such an agreement shall be in
writing and provide for either the exclusive or non-exclusive collection of solid waste and
recyclable materials in one (1) or more of the service areas designated by the board.
Seruice area means areas in which a regulated contractor is authorized to provide exclusive
service to residential property pursuant to a solid waste collection agreement.
Single-family residence shall mean a building that contains a single dwelling unit.
Solid waste ~neans sludge unregulated under the Federal Clean Water Act or Clean Air Act,
sludge from a waste treatment works, water supply treatment plant, or air pollution control
facility or garbage, rubbish, refuse, special waste or other discarded material, including solid,
liquid, semisolid, or contained gaseous material resulting from domestic, industrial, cQmmer-
cial, mining, agricultural, or governmental operations. Recovered materials as defined above
are nbt sclid waste.
S4lid waste collection service means the collection of solid waste.
Solid waste disposal facility means any solid waste management facility which is the final
resting place for solid waste, including landfills and incineration facilities that produce ash
from the process of incinerating municipal solid waste.
Special waste means solid waste that can require special handling and management,
including, but not limited to, white goods, waste tires, used oil, lead-acid batteries, construc-
tion and demolition debris, ash residue and yard trash and biological waste.
Standard container means any commonly available light gauge steel, plastic, or galvanized
water-resistant receptacle of a non-absorbent material, closed at one end and open at the other,
furnished with a closely fitted water-resistant top or lid and handle(s), or a heavy duty,
securely tied, plastic bag designed for use as a garbage receptacle. A standard container, should
not exceed thirty-two (32) gallons in capacity, unless the contractor implements an automated
Supp. No. 66 440
GAR,BAGE, TRASH AND REFUSE § 1-9-53
or semi-automated collection system, with the prior written approval of the eounty, requiring
the use of some other standard receptacle compatible with the contractor's uniform equipment.
Triplex shall mean a building that contains tl~ree dwelling units.
Urban service area means that portion of the unincorporated area of the county lying to the
east of the following described line: begin at the point Interstate 95 enters the caunty fro~a
Indian River County and run southerly along Interstate 95 to Angle Road; then run westerly
along Angle Road to Florida's ~rnpike; then run southerly along Florida's ~rnpYke to Picos
Road; then run westerly along Picos Road to Gentile Road; then run southerly aiong Gentile
Road to Okeechobee Road; then run easterly along Okeechobee Road to Florida's Turnpike;
then run southerly along Florida's 11~rnpike to Interstate 95; then run southerly along
Interstate 95 to Glades Cutoff Road; then run westerly along Glades Cutoff I~,oad to C-24
Canal; then run southerly along C-24 Canal to Juliette Avenue; then run wESterly along
Juliette Avenue to Salvatierra Boulevard; then r~n southerly along Salvatierra Boulevard to
Tanforan boulevard; then run easterly along Tanforan Boulevard to Interstate 95; then run
southerly along Interstate 95 to the point at which it enters Martin County.
White goods means inoperative and discarded refrigerators, ranges, water heaters, freezers,
and other similar domestic and commercial large appliances.
Yard trash means vegetative matter resulting from landscaping maintenance and non-
comprehensive land clearing operations.
(Ord. No. 93-16, § 1.01, 5-11-93; Ord. No. 03-22, § Pt. D, 8-12-03)
Sec. 1-9-52. Construction and interpretation.
Words importing the singular number shall include the plural in each case and vice versa,
and words importing persons shall include firms and corporations. The terms "herein,"
"hereunder," "hereby," "hereto, "hereof," and any similar terms, shall refer xo this article; the
term "heretofore" shall mean before the date of adoption of this articie; and the term
"hereafter" shall mean after the initial date of adoption of this article.
(Ord: No. 93-16, § 1.02, 5-11-93)
Sec. 1-9-53. Findings.
It is hereby ascertained, determined and declared that:
(a) Puxsuant to Article VIII, Section 1 of the Florida Constitution, and F.S. §§ 125.01 and
125.66, the board has all powers of local self government to perform county functions
and to render or contract for services in a manner not inconsistent with general law
and such power may be exercised by the enactment of county ordinances.
(b) Pursuant to F.S. § 125.01, the county has the general responsibility and authority to
provide for the collection of solid waste and recyclable materials within the unincor-
porated area of the county.
Supp. No. 66 441
§ 1-9-53 ST. LUCIE COUNTY CODE
(c) A substantiat number of owners or occupants of improved property within the
unincorporated area of the county do not currently subscribe to any collection service
for the solid waste and recyclable materials generated on such property.
(d) The density of developme~t in the urban unincorporated area distinguishes it from the
remainder of the unincorporated area of the county.
(e) Requiring all owners and occupants of improved property within the urban unincor-
porated area of the county to utilize and pay for collection service will greatly reduce
instances of illegal dumping and littering.
( fl A comprehensive program for the provision of collection provides the best opportunity
to establish, provide and promote recycling within the urban unincorporated area and
will promote the health, safety and welfare of residents of the county.
(g) It promotes the health, safety and welfare of the residents of the county to require that
solid waste (other than sludge unregulated under the federal Clean Water Act or Clean
Air Act, sludge from a waste treatment works, water supply treatment plant, or air
pollution control facility) and recyclable materials generated on residential property
within the urban unincorporated area and solid waste (other than sludge unregulated
under the federal Clean Water Act or Clean Air Act, sludge from a waste treatment
works, water supply treatment plant, or air pollution control facility) and recyc~able
materials generated on residential property within the urban unincorporated area and
solid waste {other than sludge unregulated under the federal Clean Water Act or Clean
Aix Aet, sludge from a waste treatment works, water supply treatment plant, or air
pollutio~ control facility) and recyclable materials generated on commercial property
throughout the unincorporated area of the county be collected by regulated contxac-
tors.
(hJ The regulation and authorization of regulated contractors to provide exclusive collec-
tion i.n specific residential service areas and non-exclusive collection to commercial
properties throughout the unincorporated area promotes efficient and proper manage-
ment of solid waste and fosters economical opportunities to recover recyclable
materials from the waste stream.
(i) The collection of solid waste and recyclable materials generated from improved
property provides a special benefit to the owners of such property.
(Ord. No. 93-16, § 1.03, 5-11-93)
Sec. 1-9-54. Applicability.
This article shall be applicable throughout the unincorporated area of St. Lucie County and,
to the extent consent is received from the governing body _of municipality, within such
municipality.
(Ord. No. 93-16, § 4.01, 5-11-93)
Supp. No. s6 442
GARBAGE, TRASH AND REFUSE § 1-9-72
Sec. 1-9-55 Penalties for violation.
The violation of any of the regulations, restrictions and limitations promulgated under the
provisions of this section may be restrained by injunction, including a mandatory injunction
and otherwise abated in any manner provided by law.
Nothing contained in this provision shall prohibit or limit the board's ability to enforce a
violation of those provisions by any other means authorized by law.
(Ord. No. 93-16, § 4.02, 5-11-93; Ord. No. 03-22, § Pt. E, 8-12-03)
Sec. 1-9-56. Remedies.
In addition to the penalties provided in seetion 1-9-55, the county may have recourse to such
other remedies as provided in law or in equity to ensure compliance with the provisions of this
article, including temporary and permanent injunctive relief, both prohibitory and mandatory,
and recovery of damages.
(Ord. No. 93-16, .~~' 4.03, 5-ll-93)
Sec. 1-9-57. Alternative method.
This article shall be deemed to provide an additional and alternative method for the doing
of things authorized hereby and shall be regarded as supplemental and additional to powers
conferred by other laws, and shall not be regarded as in derogation of any powers now existing
or which may hereafter come into existence. This article being necessary far the welfare and
the inhabitants of the county shall be liberally construed to effect ~he purposes hereof.
tOrd. No. 93-16, ,~~' 4.05, 5-11-93)
Secs. 1-9-58---1-9-70. Reserved.
DNISION 2. MANDATORY COLLECTION OF SOLID WASTE
Sec. 1-9-7i. Residential property.
I3uring the term of any service agreement authorized by section 1-9-91(a), all solid waste
(other than sludge unregulated under the federal Clean Water Act or Clean Air Act, sludge
from a waste treatment works, water supply treatment plant, or air pollution control facility)
generated from residential property located within the urban unincorporated area shall be
collected by a regulated contractor. The owners of all such residential property will be
responsible for the use of such service by all occupants of the property and shall be responsible
for the payment of service fees in accordance with the applicable sexvice agreement including
fees related to the availability of collection services for recyclable materials.
(Ord. No. 93-16, § 2A1, 5-11-93)
Sec. 1-9-72. Commercial property.
During the term of any service agreement authorized by section 1-9-91(b), all solid waste
(other than sludge unregulated under the federal Clean Water Act; or Clean Air Act, sludge
Supp. No. 66 443
§ ~_9_72 ST. LUCIE COUNTY CODE
from a waste treatment works, water supply treatment plant, or air pollution contral facility)
generated from eommerciai property located within the unincorporated area of the county
shall be callected by a regulated contractor. The owners of all such commercial property will be
responsible for the use of auch service by all occupants of the property and shall be responsible
for the payment of service fees in accordance with the applicable service agreements including
fees related to the availability of collection services for recyclable materials.
(Ord. No. 93-16, § 2:02, 5-11-93)
Sec. I-9-73. Anthorization required.
(a) No person or entity shall be granted a permit or renewal thereof as provided in sections
1-9-20 through 1-9-27 of the St. Lucie County Code of Ordinances to provide collection to
improved property, or collect recyclable materials from such properties within any service area
or throughout the unincorporated area of the county, without first being selected and obtaining
authorization to do so fram the board by entering into a service agreement with the county.
(b) Written contracts for the collection of solid waste from improved property between a
service provider holding an annual permit issued by the county pursuant to Article III of
Chapter 1-9 of the ~t. Lucie County Code of Ordinances and the owner or occupant of any
improved property vvhich were in effect prior to the adoption of this article may remain in effect
until revocation or the next expiration date of the service provider's annual permit.
(Ord. No. 93-16, § 2.03, 5-11-93)
Sec. 1-9-74. .Collection by regulated contractors.
The service provided by regulated contractors pursuant ro the service agreements is deemed
to provide a special benefit ~o residential property and commercial property. The service
agreements may authorize the accrual of interest on delinquent service fees, To the full extent
permitted by lavv, the service agreements may authorize regulated contractors to impose a lien
agarnst residential property as to which service fees are delinquent in the amount of such
delinquent service fee, plus interest to the date of payment.
(Ord. No. 93-16, § 2.04, 5-11-93)
Secs. 1-9-75-1-9-90. Reserved.
DIVISION 3. SOLID WASTE COLLECTION SERVICE AGREEMENTS
Sec. 1-9-91. General authority.
(a) The board is hereby authorized to enter into service agreements with any qualified
person or entity to provide for the exclusive collection of solid waste (other than sludge
unregulated under the federal Clean Water Act or Clean Air Act, sludge from a waste
treatment works, water supply treatment plant, or air pollution control facility) and recyclable
materials, from residential property within specific service areas.
Supp. No. 66 444
GARBAGE, TRASH AND REFUSE § 1-9-94
(b) The board is hereby authorized to enter into service agreements with any qu~ed
person or entity to provide for nonexclusive collection of solid waste (other than sludge
unregulated under the federal Clean Water Act or Clean Air Act, sludge from a waste
treatment works, water supply treatment plant, or air pollution control facility) and recyclable
materials, from commercial property throughout the unincorporated area of the county and
froin residential property located outside of the urban unincorporated area.
(c) Service agreements may require payment of a franchise fee as set by the board to
compensate the county for the cost of administration, supervision and inspection rendered for
the effective performance of regulated ~ontractors and shall include such other terms and
provisions as the board may deem necessary or advisable.
(Ord. No. 93-16, .~~' 3.01, 5-11-93; Ord. No. 03-22, § Pt. F, 8-12-03)
Sec. 1-9-92. Designation of exclusive service areas.
Prior to entering into any service agreement providing for exclusive service to residential
p:c~perty, the board shall adopt a resolution designating o~e (1) or more service areas in which
such exclusive service shall be provided. Service areas may be expanded or contracted by
resolution of the board to include additional property located in the unincorporated area of the
county or to include property located within any m.unicipality with the consent of the
governing body of such municipality.
(Ord. No. 93-16, ~ 3.02, 5-ll-93)
Sec. 1-9-93. Indemnification.
'Phe county shall not be liable or responsible for any accident or damage that may occur in
conjunction with the collection of solid waste or recyclable matex•ials by any regulated
contractor, as a condition to the authority to provide collection, shall be deemed to have agreed
to indemnify and hold harmless the county from any and all liability, loss, cost, damage or
expense which may accrue to the county by reason of the neglect, default or misconduct of the
regulated contractor.
(Ord. No. 93-16, § 3.03, 5-i1-93)
Sec. 1-9-94. Revocation of certain permits.
The board shall revoke a permit to operate garbage collection services issued pursuant to
Article III of Chapter 1-9 of the St. Lucie County Code of Ordinances upon violation of the
provisions of this ordinance. The board shall follow the procedures for revocation of the permit
provided in section 1-9-24 of Chapter 1-9 of the St. Lucie Code of Ordinances.
(Ord. No. 93-16, § 3.04, 5-11-93)
Supp. No. 66 445
§ I-9-95 ST. LUCIE COUNTY CODE
Sec. 1-9-95. Prohibited acts.
No person shall collect solid waste (other than sludge unregulated under the federal Clean
Water Act or Clean Air Act, sludge from a waste treatment works, water supply treatment
plant, or air pollution control facility) from property located within the unincorporated area of
the county without a service agreement.
(Ord. No. 93-16, § 3.05, 5-11-93)
[The next page is 465]
Supp. No. 66 446
PARKS AND RECREATION § 1-15-22
(c) No person shall make any excavations by tool, equipment, blasting or other means or
agency, or shall construct or erect any building, structure, tent, or shelter, or shall erect or use
any electronic sound amplifying device, or shall run or string any public utilities into, across,
or over any area regulated by this article, unless authorized by permit or easement.
(Ord. No. 82-10, Pt. A, 11-9-82)
Sec. 1-15-19. Overnight camping.
(a} Overnight camping shall be prohibited in the areas regulated by this article unless
specifically authorized by permit from the Superintendent of Recreation of St. Lucie County.
(b) Bringing into a regulated area and using for overnight occupancy any house trailer,
camp trailer, camp wagon, or any form of moveable structure, or special vehicle, is prohibited,
except where specifically allowed by permit.
(Ord. No. 82-10, Pt. A, 11-9-82)
Sec. 1-15-20. Firearms.
(a) No person shall carry, use, or possess, firearms of any description, air rifle,s or pistols,
spring guns, bows and arrows, or any other form of weapon which is potentially hostile to
wi3dlife or dangerous to huznan safety on or in the areas regulatec3 by this article, except when
s~xch items are used in a program sponsored, provided, or authorized by a unit of St. Lucie
County government.
(b) No person shall harm or cause harm in an,y way to wil~life, inclusive of all species of
mammal, bird, reptile, or amphibian, or harrn their nest or burrow on or i~ the areas regulated
by this article, except that park/preserve personnel may be empowered to make such rQmovals
and scientists and students of wildlife biology may be given specimen collecting permits by the
county administrator.
(Ord. No. 82-10, Pt, A, 11-9-82; Ord. No. 00-15, Pt. A, 9-19-2000)
Sec. 1-15-21. Fire duty of picnickers.
(a) No person shall build, light, or cause to be lighted, any fire upon the ground or beach in
any area except as specifically designed and in an approved grill, stove, fireplace, or other
suitable container, nor shall any person starting a fire leave the area without extinguishing
the fire.
(b) No person shall use a grill or other device in such a manner as to burn, ~char, mar or
blemish any bench, table or any other object af property.
(Ord. No. $2-10, Pt. A, 11-9-82)
Sec. 1-15-22. Operation and parking of motor vehicles.
(a) No person shall drive, operate, park, stop, occupy, ride upon, be a passenger in, or alight
from, on, or into any motor vehicle in or upon any area regulated by this article, except upon
the streets or high~vays publicly maintained for purposes of vehicular travel, or roads,
pathways, and parking areas specifically designated for that purpose.
Supp. No. 66 791
§ 1-15-22 ST. LUCIE CQUNTY CODE
(b) No motor vehicle will be permitted on the beach areas regulated by this article except
authorized beach pa#xol vehicles, city, county, state, or federal vehicles, and ambulances and
wreckers on emergency calls.
(c) No person shall pazk a motor vehicle in other than an established or designated parking
area and such use shall be in accordance with the posted directions there displayed and with
the instructions of any attendant who may be present.
(d) No perso~ shall stop or park a motor vehicle in any area regulated by this article beyond
the hours of operation and use established above without the prior express per.mission of the
Fort Pierce Police Department or the St. Lucie County Sheriffs Department. Motor vehicles
par~ed in violation of this article shall be subject to removal by the Fort Pierce Police
Department ar the St. Lucie County Sheriffs Department and may be impounded until such
time as redeemed at the owner's expense.
(Ord. No. 82-10, ~'t. A, 11-9-82)
Cross reference-Traffic, Ch. 1-20.
Sec. 1-15-23. Alcohdlic beverages.
The .possession or consumption of alcoholic beverages in the areas regulated by this article
is prohibited, except when expressly permitted by the Board of County Commissioners of St.
Lucie County.
(Ord. No. 82-10, Pt. A, 11-9-82; Ord. No. 87-41, Pt. A, 5-12-87).
Cross r~ference-Alcoholic beverages, Ch. 1-3.
Sec, 1-15-54. Vending or selling.
No person, organization, or firm, other than the county government or licensed concession-
aires acting hy and under the authority of the board of county commissioners, shall expose or
offer for sale, rent, or trade any article or thing; nor place any stand, cart, or vehicle for
transport, sale, or display of any food, drink, article, or merchandise within the limits of any
area regulated by this article.
(Ord. No. 82-10, Pt. A, 11-9-82)
Cross reference-Special act provisions relative to peddlers and hawkers, Ch. 2-13.
Sec. 1-15-25. Beaches.
(a) No dog or other animal will be permitted on the beach areas regulated by this article
except as set out below:
(1) Authorized law enforcement dogs being used for emergency purposes and patrol.
(21 Horses engag~d in horseback riding activities if authorixed by permit from the Director
of Recreation and Parks of St. Lucie County and subject to section 1-7.6-55(2) setting
forth further restrictions during turtle nesting season (May 1-October 31).
Supp. No. 66 792
PAR,KS AND RECREATION
§ 1-15-27
(3) A maximum of three (3) dogs per person may be permitted on Walton Rocks Beach
provided the following:
a. Any person having a dog on the beach must keep the dog under control. If the dog
annoys or bothers other people, dogs or animals the dog must be fastened to a
suitable leash of dependable strength not to exceed eight (8) feet in length and
Ieash must be held or controlled.
b. Any person having a dog on the Y~each must carry with and on such person
suitable materials and utensil~ with which to remove from the beach any fecal
matter deposited by such dog and must remove any fecal matter immediately
upon its deposit by the dog under the person's supervision and control.
c. Each such dog must have affixed to its collar a current rabies inoculation tag
evidencing the dog has been properly inoculated against rabies within the past
year.
(Ord. No. 82-10, Pt. A, 11-9-82; Ord. No. 88-14, Pt. A, 3-8-88; Ord. No. 03-28, § Pt. A, 8-19-03}
Cross reference-Animal control, ~ 1-4-16 et seq.
's~c. i-15-26. Group functions.
No group shall hold a function or event on an area regulated by this article unless
authorized by permit from the Superintendent of Recreation of St. Lucie County pursuant to
applicable regulations.
(Ord. No. 82-10, Pt. A, 11-9-82)
Sec. 1-15-27. Permits.
(a) All requests for permits required under this article shall be made in writing upon an
application form to be furnished by the Superintendent of Recreation of St. Lucie County,
which shall require the following:
(1) The name and address of the applicant proposing or sponsoring the activity involved;
(2) The purposes of activities to be engaged in by the participant;
(3) The date and hours for which the permit is desired;
(4) The specific areas for which the permit is requested;
(5) The estimated number of persons who will attend or participate in the activity
involved;
(6) A statement of any special circumstances which are material to the permit required;
(7) Utilities needed for the event; and,
(8) The person who will be responsible for cleaning the area of any trash or debris, and
who will be responsible should any damage occur to the facilities.
Supp. No. 66
793
§ 1-15-27 ST. LUCIE COUNTY CODE
(b) If the area regulated by this article will be available for use on the date and time
requested and is not subject to a prior reservation, the Superintendent of Recreation of St.
Lucie County may issue a permit if he finds the area use applied for to be in accordance with
the purpose for which such area is designated or intended, and further, that the proposed
activity will not unreasonably interfere with or detract from the general public enjoyment of
the remaining areas regulated by this article, or interfere with or endanger public health,
welfare, or safety, or entail unusual, extraordinary, or burdensome expense for supervision,
maintenance, cleanup, or police protection by the City of Fort Pierce or the St. Lucie County
Sheriffs Department.
(c) Within ten (10) days after receipt of an application for permit, the Superintendent of
Recreation of St. Lucie County shall either approve or deny the application and advise the
applicant accordingly, either in person or by mail. If an application is denied, the Superinten-
dent of Recreation of St. Lucie County at the time of notification shall apprise the applicant in
writing of the reasons for such refusal. Any person aggrieved by a denial shall have the right
of appeal to the board of county commissioners, which shall consider the application under the
standards set forth above and, without undue delay, sustain, overrule, or modify the decision
of the Superintendent of Recreation of St. Lucie County.
(d) Permits s~all be issued subject to applicable regulations, and to such special regulations
and instructions as may be prescribed by the Superintendent nf Recreation of St. Lucie County.
The Superintendent of Recreation of St. Lucie County, or any officer of the Fort Pierce Police
Department or the St. Lucie County Sheriffs Department, shall have the authority to revoke
a permit upon finding a violation of any provision of this article, any applicable regulation, or
any condition of the perxnit.
(Ord. Na 82-10, Pt. A~, 11-9-82)
Cross reference-Licenses, permits and miscellaneous business regulations, Ch. 1-i2_
Sec. 1-15-28. Access; closures, and defi~ition.
(a) The term "preserves" as used in this article shall have the indicated meaning:
Preserues: A property that was acquired and is primarily managed for its naturaUecological
values.
(b) Access to preserves by the general public is only authorized at designated entry points.
Designated entry points for specific preserves shall be set forth in the management plans and
identified with appropriate posting.
(c) Preserves or portions of preserves shall be closed to public use under the following
conditions:
(1) When necessary for public safety during wildfixes or prescribed burns.
(2) When necessary during emergency conditions such as floods, severe weather events, or
wildfire danger for public safety and the protection of natural resources. All closures
Supp. No. 66 794
PARKS AND RECREATION
§ 1-15-31
shall require the approval of the appropriate county department director and concur-
rence of the county administratox. In no event shall such closures exceed thirty (30)
days duration without the approval of the board of county commissioners.
(3) When necessary on a permanent basis to protect natural, historic or archaealogical
resources. Such closures shall require advance public notice and approval by the board
of county commissioners.
ld) Temporary closures of preserves ar portions of preserves will be posted at authorized
points of entry to the preserves.
(Ord. No. 00-15, Pt. B, 9-19-2000)
Sec. 1-15-29. Use of vehicles, airboats and aircraft.
(a) Vehicular travel within preserves is limited to designated areas as speeified in the
management plan.
(bl Airboat use within preserves is limited to designated areas as specified in the
management plan.
(c) The take off or landing of either motorized or non-motorized conventioiial or model
~ircraft such as airplanes, helicopters, ultra lights, gliders, and hang gliders, within preserves
is prohibited unless specified in the management plan. The use of helicopters as part of the
management of the site is permitted by management personnel.
(d) The operation of bicycles on designated hiking trails closed to such use is prohibited.
(e) This section shall not apply to authorized law enforcement, emergency or county
government vehicles.
tOrd. No. 00-15, Pt. B, 9-19-2000)
Sec. 1-15-30. Equestrian activities; use of saddle animals.
(a) Preserves open to equestrian activities and the use of saddle animals shall be specified
in the management plan.
(b) Where authorized, the use of horses and other saddle animals shall be permitted on all
designated roads, firebreaks and trails within preserves, unless otherwise specified in the
management plan.
(c) The use of horses and other saddle animals on designated hiking trails is prohibited.
(Ord. No. 00-15, Pt. B, 9-19-2000)
AR,TICLE III. PARKS IMPACT FEE
Sec. 1-15-31. Short title, authority, and applicability.
(a) This ordinance shall be known and may be cited as the "Parks Impact Fee Ordinance".
Supp. No. 66 794.1
§ 1-15-31 ST. LUCIE COUNTY CODE
(b) The Board of County Commissioners of St. Lucie County has the authority to adopt this
ordinance pursuant to Article VIII of the Constitution of the State of Florida: and to Chapter
125 and sections 163.3201 and 163.3202(3) Florida Statutes.
(c) Pursuant to section 125.41(1)(fl, Florida Statutes, St. Lucie County has the power to
provide parks in the county. St. Lucie County provides parks in the incorporated and
unincarparated areas of St. Lucie County. Development within the cities impacts the capital
parks needs of the county.
(d) St. Lucie County must collect parks impact fees within the incorporated and unincor-
porated areas of St. Lucie County in order to provide county parks that adequately serve the
needs of all county residents including the residents of the cities.
(e) This article shall apply to all areas of St. Lucie County, even in the absence of interlocal
agreements with the a#~'ected municipalities.
(Ord. No. 95-023, Pt. A, 9-19-95; Ord. No. 00-005, Pt. A, 5-9-2000)
Sec. 1-15-32. Intents and purposes.
(a) This chapter is intended to implement and be consistent with the goals, objectives and
policies of the St. Lucie County Comprehensive Plan.
(b) The purpose af this chapter is to regulate the use and development of land so as to
assure that new deve2opment bears a proportionate share of the cost of capital expenditures
necessary to grovide parks in St. Lucie County as contemplated by the St. Lucie County
Comprehen5ive Plan.
Supp. No. 66 794.2
Chapter 1-18
SHERIFF
Sec. 1-18-1. Required to maintain motor vehicle liability insurance.
The sheriff of the county sha?1 maintain insurance against legal liability for the death,
injury, or disability of any person arising from or in connection with the operation of any motor
vehicle owned, leased or operated by the sheriff of said county, or any of his employees, to the
extent of not less than one hundred thousand dollars ($100,000.00) bodily injury iiability per
person; three hundred thousand dollars ($30U,000.001 bodily injury liability per occurrence
and fifty thousand dollars ($50,000.00) property damage liability per accident.
(Ord. No. 77-2, § 3, 2-$-77)
State law reference-Sheriff authorized to secure liability insurance for claims growing
out of performance of duties of the sheriff or his deputies, F.S. 5 30.55.
Sec. 1-18-2. Combat Auto Theft Program.
(a) Pursuant to section 316.008(6), Florida Statutes, there is hereby established a"Combat
Automobile Theft" program in the county, which shall be known as "Combat Auto Theft." Such
a program shall include:
(1) A consent form ta be signed by the motor vehicle owners who wish to enroll their
vehicles; and
(1) Bright yellow decals indicating a vehicle's enrollment in Combat Auto Theft.
(b) The consent form shall:
(1) Explain the general operation of the program;
(2) Provide authorization for a law enforcement officer to stop the vehicle when it is being
driven between the hours of 1:00 a.m. and 5:00 a.m., provided that a decal is
conspicuously affixed to the bottom left corner of the back window of the vehicle to
provide notice of its enrollment in Combat Auto Theft;
(3) Explain the procedures which will be followed by a law enforcement officer making a
stop pursuant to the program and advise the motor vehicle owner of the proper means
by which the driver of the vehicle should cooperate with the law enforcement officer in
such instance;
(4) Provide that the owner of the motor vehicle is responsible for removing the decal when
terminating participation in the program, or when selling or otherwise transferring
ownership of the program and for notifying the county sheriffs department in writing
of such termination;
(5) Clearly provide that participation in Combat Auto Theft is strictly voluntary and may
be terminated at any time; and
Supp. No. 66 957
§ 1-18-2 ST. LUCIE COiJNTY CODE
(6) Include a separate statement to be signed by the owner of the motor vehicle which
indicates that the consent form has been read and understood in its entirety including
the procedures to be followed in a stop.
(c) Combat Auto Theft may be implemented upon approval of program materials and
procedures, ineluding guidelines and procedures for making a stop of a vehicle bearing a decal,
by the sheriff and county attorney. Such program materials and procedures may be subject to
periodic review and approval by the sheriff and county attorney.
(Ord. No. 90-46, Pt. A, 11-20-90; Ord. No. 97-28, Pt. A, 9-2-97)
Sec. Z-18-3. Designation of chief correctional officer.
(a) The St. Lucie County Sheriff is designated as the Chief Correctional Officer of the St.
Lucie County Conectional System.
(b) If designated, the sheriff or his designee shall enforce all existing state law and
administrative rules of the department concerning the operation and maintenance of county
j ails.
(c) The salaries for county correctional officials shall be paid from the general revenue fund
of the county and shall be included by the sheriff in his proposed budget of expenditures for the
maintenance and operation of the county correctional system.
(Ord. No. 03-30, § Pt. A, 7-22-03)
[The next page is 1005]
Supp. No. 66 958
TRAF'FIC § 1-20-16
to fund St. Lucie County's participation in an intergovernmental radio communication
program as approved by the Division of Communications of the Florida Department of General
Services.
tOrd. No. 92-26, Pt. A, 11-24-92)
Sec. 1-20-6. Turning movements.
(a) Vehicle, for the purpose of tr~is section, is defined as set forth in F.S § 31F.003(75), as
amended.
(b) The Board of County Commissioners of St. Lucie County, Florida, is authorized to
regulate or prohibit the turning of vehicles or specified types of vehicles at a previously
advertised public hearing by resolution after determining that such regulation is reasonable
and for the benefit of the public health, safety, or general welfare of the citizens of St. Lucie
C ounty.
(c? All previous resolutions regulating vehicle turning movements adopted 1~3r the Board of
County Commissioners of St. Lucie County, Fiorida, are hereby approved and incorporated as
adopted.
(Ord. No. 03-16, Pt. A, 5-6-2003)
Secs. 1-20-7-1-20-15. Reserved.
AR,TICLE II. STOPPING, STANDING AND PARHING
DIVISION l. GENERALLY
Sec. 1-20-16. Parking for longer Lhan twenty-four hours restricted; remova~ of
vehicles.
(a) No person, as defined in section lAl, Florida Statutes, shail park, leave or place any
motor vehicle on the right-of-way of any public road in the unincorporated areas of the county
for a period of more than twenty-four (24) hours unless:
(1) It is in operating condition;
(2) It bears current license plates; and
(3) It bears a current inspection decal.
(b) Any motor vehicle not meeting the conditions of subparagraphs (a)(1) through (3) of this
section and that is discarded, left or abandoned on any public road right-of-way in the
unincorporated area of the county may be removed or caused to be removed hy the sheriff s
department of the county after posting a notice on such vehicle advising that if such vehicle is
not removed by the owner within forty-eight (48) hours, it will be removed or caused to be
removed by the sheriffs department; provided, however, that, this paragraph shall in no way
Supp. No. 66 1069
§ ~R20-16 ST. LUCIE COUNTY CODE
Iimit the sheriff or any otl~er law enforcement agency's authority to remove vehicles from the
paved or main traveled part of any }ughway under the provisions of section 316.194, Florida
Statutes.
(c) The maximum fee is established which may be charged on tihe towing of vehicles from
or immobilization of vehicles on private property, removal and storage of wrecked or disabled
vehicles from an accident scene or for the removal and storage of vehieles, in the event the
owner or operator is incapacitated, unavailable, leaves the procurement. of wrecker service to
the law enforcement officer at the scene, or otherwise does not consent to the removal of the
vehieIe as follows:
Regular Wreeker Service Class A Class B Class C
Day or night service $?5.00 $100.00 $150.00
Dolly se~ice $40.00 $40.00 N/A
Drpp dri~re shift $15.00 $25.00 $25.00
Winching $35.00 As per time As per time
charge charge
(3utside storage $15.00 per day $15.00 per day $15.00 per day
Inside storage $20.00 per day $20.00 per day $45.00 per day
Mileage charge $3.00 per mile $3.00 per mile $3.00 per mile
Maxrmu~ Charge of $45.00
Maximum Beach Charge $35.00
Administrative fee $35A0
Time charge $40.00 per hour $50.00 per hour $125.00 per hour
After.30 minutes. c>n t~e scene, will be charged in incremeAts of 1~ minutes.
(Ord. No. ?8-6, § 1, 6-6-'T8; Ord. No. 98-25, Pt. A, 12-15-98)
Sec. 1-20-17. Parking restricted on certain streets.
(a) The term "paz'king" as usect herein means the standing of a vehicle, whether occupied or
nnt, otherwise than temporarily for the purpose of and whi,~s actua~ly engaging iri loading or
unloading mercliandise or passengers as may be permitted by law.
(b) The parking of motor vehicTes, egcept in cases of emergency, is hereby prohibited on the
right-of-way of the following roads or streets, or indicated portions thereof, at all times unless
otherwise indicated:
Angle Rodd, (Both sides) from its intersection of Orange Avenue North to its intersection
with Avenue B.
Angle Road, with(in] three hundred (300) feet of its intersection with Avenue D.
Angle Road, within three hundred (300.) feet of its intersection with Avenue Q.
Angle Road, within three hundred (300) feet on either side of the entrance to Westwood High
School.
Supp. No. 66 1~70
TRt1FFIC § 1-20-17
Arnold Road, the entire length of the right-of-way, from South 35th Street west to South
39th Street.
Atldntic Beach Bouleuard, the entire length of the right-of-way, from Shorewinds Drive to its
end, North Jetty.
Aaenue D, within three hundred (300) feet of its intersection with Angle Road.
Avenue Q, within t~~vo hundred (200) feet of its intersection with Angle Road.
Beach Avenue, (East side), within onE hundred (100) feet of its intersection with Shady
Lane.
Beach Avenue, (West side), within one hundred (100) feet south of its intersection with
Shady Lane.
Beach Avenue, (West side), within one hundred fifty (150} feet north of its intersection with
Shady Lane.
Bell Avenue, (South side), from the intersection of Oleander Avenue westerly approximately
seven hundred (700) feet.
Chamberlin Blud., (North side), from one hundred forty (140) feet east of its intersection
with U. S. Highway #1 (S.R. 5) for a distance of three hundred (300) feet to a point four
hundred forty (440) feet east of its intersection with ~. S. Highway #1 (S.R. 5).
Cortez Boulevard, Both sides), from its intersection with 25th Street west for a distance of
two hundred fifty (250) feet.
Darter Court, (Both sides), from its intersectioa with Okeechobee Road to the east end.
Edioards Rnad, from Will Fee Road west to Maravilla Boulevard, between the hours of 7:3U
a.m. and 3:30 p.m., Monday through Friday.
Elm Auenue, the entire length of the right-of-way, from west 1stStreet to west 2nd Street,
Monday throug~i Friday, between the hours of 7:00 a.m. anti 4:40 p.m. only.
Everglades Blud., (Center Island) froin its intersection of South Shores Road norther~y to
the end of the Center Island for a total distance of seven hundred fourteen (714) feet.
Fla.mingo Bouleuard, the entire length of the right-of-way.
Glades Cut-Off Road, five hundred (500) feet on either side of the landfill entrance and on
both sides of Glades Cut-Off Road.
Glades Cut-Off Rodd, within three hundred fifty (350) feet in all directions of its intersection
with Midway Road.
Indrio Road, (Both sides), from the projected center-line of Indian Pines Village Entrance
five hundred (500) feet east and five hundred (500) feet west; for a total distance of one
thousand (1,000) feet.
Jenkins Road, within five hundred (500) feet of its intersection with Orange Avenue (SR 68).
Supp. No. 66 1071
§ 1-20-17 ST. LUCIE COtJNTY CODE
Midway Road, (CR,712) (Both sides), from its intersection with Qkeechobee Road (SR70) a
distance of one thousand nine hunc3red (1,900) feet to the west right-of-way line of North St.
Lucie Water Control District Canal #85.
Midway Road, (South side) within three hundred (300) feet of its intersection with 25th
Street.
Midway Road, within three hundred fifty (350) feet in all directions of its intersection with
Glac~es Cut-Off Road.
Moorings I.ane, the entire length of the right-of-way, from North Ocean Drive to Oak Drive.
North Cortez Avenue, (Both Sides) from its intersection with 25th Street west for a distance
of two hundred fifty (250) feet.
North Ocean Driue, the entire length of the right-of-way, from Sea Oats Drive to Shorewinds
Drive.
Oak Drive, the entire length of the right-of-way.
Oleander Avenue; from the entrance to the State Farmers Market, southerly approximately
five hundred (5Q0) feet.
Oleander Avenue, (East side), from west lst Street to just south of the White School
property, Monday through Friday, between the hours of 7:00 a.m. and 4:00 p.m. only.
Peacock Road, (Both sides) from its intersection with Okeechobee Road (SR70) south a
distance of t]~ree thousand twenty (3,020) feet.
Peters Road, {Bath sides) from its intersectior~ of Stat,e Road 70 (Okeechobee R,oad) for the
entire length to the end of the existing pavem$nt.
Sea Odts Drive, tlze entire length of tl~e right-of-way, from North Ocean Drive to Oak Drive.
Shady L,ane, within one hundred (100) feet of its intersection with Beach Avenue.
Shorewinds Drive, the entire length of the right-of-way, from North Ocea~t Drive to Atlantic
Beach Boulevard.
South 33rd Street, (West side), the entire length of the right-of-way from Peterson Road to
Whiteway Dairy Road.
South 35th Street, (West side), for a distance of one hundred sixty-five (165) feet north of the
centezline of Arnold Road and a distance of one hundred seventy (170) feet south of the
centerline of Arnold Road.
South 36th Street, the entire length of the right-of-way, from Virginia Avenue south to
Arnold Road.
Tamarind Drive, the entire length of the right-of-way, from Shorewinds Drive to Flamingo
Boulevard.
Supp. No. 66 1072
TRAFFIC § 1-20-18
Tumblin Kling Road, within four hundred (400) feet west of its intersection with U.S.
Highway 1.
Weatherbee Road, (Both sides), from its intersection of U.S. Highway #1 east to its
intersection with a Presser Lane.
West 2nd Street, (North side), from Elm Avenue east to Oleander Boulevard, Monday
through Friday, between the hours of 7:OU a.ni. and 4:00 p.m. only.
West 2nd Street, entire length of right-of-way, from Elm Avenue west to Cypress Street,
Monday through Friday, between the hours of 7:Q0 a.m. and 4:00 .m. only.
Will Fee Road, between the hours of 8:00 a.in. and 3:00 p.m., Monday through Friday.
Windham Lane, the entire length of the right-of-way, from Atlantic Beach Boulevard to Oak
Drive.
50th Street, within two hundred (200) feet of its intersection with Angie Road.
(c) The road superintendent of the county is directed to erect the necessary signs on the
roads and streets, or portions thereof, covered by this section to advise the public that parking
is prohibited at all times or during certain times, as provided in this section.
(d; Penalties for violation of this section shall be in accordance with state law.
{Ord. No. 74-2, §.~~' 1-5, 2-5-74; Ord. No. 76-8, §§ 1-8, 8-10-76; Ord. No. 7$-1, § 1, 1-7-78; Ord.
No. 80-2, §§ 1-6, 8-2-80; Ord. No. 86-38, Pt. A, 6-24-86; Ord. No. 86-48, Pt. A, 8-5-86; Ord. No.
87-22, Pt. A, 3-10-87; Ord. No. 87-30, Pt. A, 3-31-87; Ord. No. $7-37, Pt. A, 4-28-~7; Ord. No.
88-81, Pt. A, 11-15-88; Ord. No. 88-82, Pt. A, 12-17-88; Ord. No. 88-87, Pt. A, 12-27-88; Ord. No.
89-25, Pt. A, 3-28-89; Ord. No. 90-2, Pt. ~'~, 1-16-90; Ord. No. 90-24, Pt. A, 5-15-90; Ord. I~To.
90-33, Pt. A, 6-26-90; Ord. No. 90-52, Pt. A, 12-I8-90; Ord. No. 91-04, Pt. A, 1-15-91; Ord. No.
93-11, Pt. A, 2-9-93; Ord. No. 93-25, Pt. A, 2-5-94; Ord. No. 94-16, Pt. A, 7-19-94; Ord. No. 94-19,
Pt_ A, 9-6-94; Ord. No. 95-09, Pt. A, 3-28-95; Ord. No. 95-18, Pt. A, 6-6-95; Ord. No. 95-37, Pt.
A, 9-5-95; Ord. No. 96-06, Pt. A, 2-21-96; Ord. No. 03-21, Pt. A, 6-1Q-03; Ord. No. 03-34, § Pt.
A, 8-19-03) ~
State law reference-Authority to regulate and prohibit parking, F.S. § 125.01(1)(m).
Sec. 1-20-18. Ticketing of illegally parked vehicles; effect of failure.to pay ticket or
appear for hearing; evidence of violations.
(a) Whenever any motor vehicle without a driver is found parked, stopped, or standing in
violation of any restrictions imposed under this division, the law enforcement officer finding
such vehicle shall take its license number, and may take any other information displayed on
the vehicle which may identify its user, and shall conspicuously affix to such vehicle a notice
in writing, on a form provided by the clerk of the county court, requiring the driver to pay a
civil penalty of thirty-two dollars ($32.00) to such clerk within ten (10) days or to appear before
a hearing officer at the time, date and location specified on such notice.
Supp. No. 66 1072.1
§ 1-24-18 ST. LUCIE COUNTY CODE
(b) If a violator of the restrictions on stopping, standing or parking under this division does
not pay such civil penalty within such ten (10) days or appear before a hearing officer as
provided in such notice, a warrant for his arrest shall be issued.
(c) In any action charging a violation under this division governing the stopping, standing
or parking of a motor vehicle, proof that the particular vehicle described in the complaint was
parked, stopped or standing in violation under this division, together with proof that the
de€endant named in the complaint was at the time of such parking, stopping or standing the
registered owner of such vehicle, shall be prima facie evidence that the registered owner of
such vehicle was the person who s~opped, stood or pazked such vehicle at the point where, and
for the time during which such violation occurred.
(Ord. No. 76-6, §§ 1-3, 7-13-76; Ord. No. 91-19, Pt. A, 9-24-91)
Secs. 1-20-19-1-20-25. Reserved.
Supp. No. 66 1072.2
Chapter 2-9
HEALTH AND SA1vITATION*
Art. I. In General, §§ 2-9-1-2-9-15
Art. II. St. Lucie County Mosquito Control District, §§ 2-9-16-2-9-35
AR.TICLE I. IN GENERAL
Sec. 2-9-1. Air pollution.
(a) No person, firm, company, corporation or association, nor the managing agent of any
person, firm, company, corporation or association in said county shall discharge, or shall
permit or allow any person or persons in their employ or under their control, management or
direction to discharge into the air any smoke, vapor or gas in such quantity as is liable to affect
tlze health of persons, birds, livestock or vegetaiion or damages property, or any noisome odors
ar noxious gases in such quantity as to create a nuisance.
tb) The Board of County Commissioners of St. Lucie County, Florida, and the state board of
;iealth of the State of Florida, jointly and severally, are hereby authorized and empowered to
enforce the provisions of this act [section] and any rules, regulations or criteria established by
the state board of health to control air and water pollution, by injunction or other Iegal means.
(c) Any person, firm, company, corporation or association, or any agent, of~icer or employee
who violates any provision of this act [section) shall be deemed guilty of a misdemeanor and
each day that such a violation is committed shall constitute a separate offense.
(Laws of Fla., Ch. 31238 (1955), §§ 2-4)
Sec. 2-9-2. Limitation on actions brought against mosquito control district.
(a) No action shall be brought against the St. Lucie County mosquito control district for any
negligent or wrongful injury or damage to persons or property unless brought within twelve
(12) months from the time of the injury or damage. The provisions of this section shall not be
applicable to any action brought for negligent or wrongful injury or damage received prior ta
the effective date on which this act [section] becomes law.
(b) No suit arising out of any action in tort or sounding in tort shall be maintained against
the St. Lucie County mosquito control district unless written notice of the claim, giving time,
place and circumstances of the injury or damage is given the chairman or vice-chairman or the
secretary of said mosquito control district within thirty (30) days of the occurrence of the injury
or damage.
(Laws of Fla., Ch. 65-2187, ~§ 1, 2)
*Cross reference-Ordinance provisions relative to health and sanitation, Ch. 1-10.
Supp. No. 66 2671
§ 2-9-3 ST. LUCIE COUNTY CODE
Sec. 2-9-3. Group insurance for mosquito control district employees.
(a) The board of commissioners of the St. Lucie County mosquito control district be and it
is hereby authorized, empowered and permitted to provide for life, health, accident or
hospitalization insurance, or all or any of such insurance, for the employees thereof or for such
employees and their families upon a group insurance plan, and to that end to ente~ into
agreements with insurance companies to pro~vide such insurance.
(b) The eleetion to exercise such authority shall be evidenced by resolution, duly recorded
in the minutes of the board of commissioners of said district.
(c) The board of commissioners of the St. Lucie County mosquito control district is
authorized and empowered to pay out of appropriate funds not to exceed one-half (~/z) the cost
of such group insurance and to deduct from the wages of employees who in writing make
request fox such insurance the other one-half (1/z) of such cost and to pay or remit the same
directly to the insurance company issuing such group insurance.
(d) The participation in such group insurance by any employee shall be entirely voluntary
at all times. Any employee may upon any payday withdraw or retire from such group insurance
plan, upon giving the board of commissioners of said district written notice thereof and
directing the discontinuance of deductions from wages in payment of such premiums.
(e) It is hereby declared to be the purpose and intent of this law [section] to make available
upon a voluntary participation basis to the employees and their families of the board of
commissioners pf the St. Lucie County mosquito control district, the economies, protection and
benefits of grvup insurance not available to such employees.
(Law~ of Fla., Ch. 59-1796, §§ 1-6)
Se~s. 2-9-4-2-9-15. R,eserved.
ARTiCLE II. ST. LUCIE COUNTY MOSQLTITO. CO~TTROL DtSTR.ICT*
Sec. 2-9-16. District boundaries.
A special taxing district, lying wholly in St. Lucie County, to be known as the St. Lucie
County Mosquito Control District, is deseribed as follows:
Begirining at the Northeast corner of Section 3, Township 34 South, Range 40 East; thenee
West to the Northwest corner of Section 3, Township 34 South, Range 38 East; thence South
to the Southwest corner of Section 34, Township 34 South, Range 38 East; thence East to the
Southwest corner of Section 36, Township 34 South, Range 38 East; thence South to the
*Editor's note-Chapter 2003-365, § 6, adopted June 26, 2003, repealed chapter 2-9,
article II, §§ 2-9-16-2-9-42, in its entirety. Section 3(1}-(20) of said chapter enacted new
provisions to read as herein set out. Prior to amendment chapter 2-9, article II, pertained to
similar subject matter and derived from Laws of Florida, Chapters 29502 (1953), §§ 1-8,
10-13, 15-30; 57-1795, §. 1; 59-1794, §§ 1, 2; 59-1796, 61-2760, § 1; 80-598, § 1; 87-510,
§§ 1-3, and 96-461, § 1.
Supp. No. 66 2672
HEALTH AND SANITATION § 2-9-16
Southeast corner of Northeast 1/4 of Section 11, Township 36 South, Range 38 East; thence
west to the Northwest corner of the Southeast ya of Section 11, Township 36 South, Range
38 East; thence South to the Southwest corner of the Southeast ~/4 of Section 11, Township
36 South, Range 38 East; thence East to the Southwest corner of Section 10, Tawnship 36
South, Range 39 East; thence South to the Southwest corner of Section 34, Township 37
South, Range 39 East; thence East to the Southeast corner of Section 36, Tawnship 37
South, ftange 40 East; thence ~lorth to the Southwest corner of Section 7, Township 37
South, Range 41 East; thence East following the Section lines to the water's edge of the
Atlantic Ocean; thence meandering said water's edge Northwesterly to tYae point c~f
beginning.
Ai~TD
A parcel of land of land lying in Sections 4, 5, S, 9, 10, 16 and 17, Township 37 South, Range
39 East, and Section 33, Township 36 South, Range 39 East, St. Lucie County, Florida, said
parcel being more particularly described as follows:
Beb n at the intersection of the centerline af Gatlin Boulevard (al~o being the north line of
Section 15) and the westerly limits of Gatlin Boulevard Right-of-Way and the westerly
timits of those lands described in an Order of Taking dated July 24, 1979 and recorded in
Offic;ial Record Book 311 at Pages 2946 through 2952, inclusive, Public Records of St. Lucie
County, Florida, and as shown on the Florida Department of Transportation Right-of-Way
maps for State Road #9. (I-95), Section 94001-2412, dated 6/2/77, with last revision of
9/11/79; thence South 89 degrees 57 minutes 05 seconds West, a distance of 7702.12 feet;
thence South 00 degrees 05 minutes 46 seconds West, a distance of 757.53 feet; thence South
89 degrees 57 minutes 43 seconds West, a distance of 1159.2Q feet; thence I~Torth 00 degrees
40 minutes 03 seconds East, a distance of 152.60 feet; thence North 54 degrees 52 minutes
19 seconds East, a distance of 153.39 feet; thence North 11 degrees 24 minutes ~7 seconds
East, a distance of 156.51 feet; thence North 14 degrees 02 minutes 38 seconds West, a
distance of 43920 feet; to the beginning of a curve concave southerly, having a radius of
200.00 feet and a central angle of 130 degrees 29 minutes 58 seconds, thence northerly,
wes~erly and finally southerly along the arc of said curve to the left, a distance of 455.53 feet
to the curves end; thence South 35 degrees 27 minutes 24 seconds West, a distance of 161.00
feet; thence South 89 degrees 57 minutes 05 seconds West, a distance of 1118.66 feet; thence
North 43 degrees 15 minutes 34 seconds West, a distance of 1.86 feet; thence North 09
degrees 54 minutes 33 seconds East, a distance of 528.17 feet; thence North 62 degrees 56
minutes 57 seconds East, a distance of 710.69 feet; thence North 39 degrees 35 minutes 38
seconds West, a distance of 373.81 feet; thence South 80 degrees 50 minutes 18 seconds
West, a distance of 92.33 feet; thence North 00 degrees 09 minutes 21 seconds East, A
distance of 4587.82 feet; to the southeasterly line of Grove No. 3, as recorded in O.R. Book
383, at Page 1059, St. Lucie County Public Records (Special Warranty Deed from A. Duda
& Sons, Inc. to D& M Indian River Groves) thence along said southerly and easterly line of
Grove No. 3 the following courses and distances: North 74 degrees 07 minutes 42 seconds
East, a distance of 3624.15 feet; thence North 02 degrees 40 minutes 30 seconds West; a
distance of 853.63 feet; thence North 03 degrees 34 minutes 36 seconds East, a distance of
Supp. No. 66
2673
§ 2-9-16 ST. LUCIE COUNTY CODE
264.67 feet; thence North 11 degrees 39 minutes 14 seconds East, a distance of 299.59 feet;
thence North 05 degrees 52 minutes 55 seconds East, a distance offi5521 feet; thence North
13 degrees 31 minutes 07 secands East, a distance of 422:94 feet; thence departing said
Grove No. 3, continue North 13 degrees 31 minutes 07 seconds East, a distance of 51.88 feet;
thence North 'I4 degrees 14 minutes 30 seconds East; a distance of 2525.46 feet; thence
North 76 degrees 04 minutes 00 seconds East, a distance of 1244.50 feet; thence North 65
degrees 11 minutes 40 seconds East, a distance of 178.59 feet; thence North 59 degrees 06
minutes 39 seconds East, a distance of 424.13 feet; thence North 73 degrees 43 minutes 15
seconds East, a distance of 14.12 feet; thence South 50 degrees 55 minutes 52 seconds East,
a distance of 7.43 feet; thence North 56 degrees O1 minutes 38 seconds East, a distance of
31.64 feet; thence North 33 degrees 56 minutes Ol seconds East, a distanGe of 30.15 feet;
thence North 54 degrees 34 minutes 18 seconds East, a distance of 298.73 feet; thence North
85 degrees 53 minutes 58 seconds East, a distance of 132.U2 feet; thence North 70 degrees
54 minu~es 26 secands East, a distance of 143.67 feet; thence North 56 degrees 25 minutes
29 seconds East, a distance of 12I.35 feet; thence North 66 degrees 21 minutes 07 seconds
East, a distance of 557.84 feet; thence South 00 degrees 35 minutes 12 seconds West along
the northerly prolongation of the East line of the northeast quarter of said Section 4, a
distance of 271.44 feet to the northeast corner of Section 4; thence continue South 00
degrees 35 minutes 12 seconds West, along the East line of said Section 4, a distance of
2833.04 feet to the East quarter corner of said Section 4; thence South 00 degrees 36
minutes 2? seconds West, a distance of 2651.97 feet to the northwest corner of Section 10;
thence North 89 degrees 54 minutes 10 seconds East along the North line of said Section 10,
a distance of I793.84 feet; to a point of intersection with the westerly Right-of-Way line of
said I-95 and the said westerly line of the lands described in the Order of Taking dated July
24, 1979 and recordec~ in Official Record Book 311 at Pages 2946 through 2952, inclusive,
and with a non-tangent curve, concave easterly, having a radius of 5983.58 feet and central
angls of 23 degrees 41 minutes 41 seconds, thence along the westerly line of said I-95
Right-of-Way and along the said westerly line of the lands described in the Order of Taking,
dated July 2~, 1979, t~ie following courses and distance: thene~ southerly along the arc of
said curve to the }eft, a distance of 2474.52 feet, said are subtended by a chord which bears
South U6 degrees 56 minutes 28 seconds East, a distance of 2456.92 feet to the curves end;
thence South 1$ degrees 47 minutes 19 seconds East, a distance of 714.03 feet; thence South
14 degrees 47 minutes 19 seconds East, a distance of 510.88 feet; thence South 07 degrees
32 minu~es 07 seconds East, a distance of 374.37 feet; thence South 06 degrees 58 minutes
16 seconds West, a distance of 373.49 feet; thence South 15 degrees 33 minutes 28 seconds
West, a distance of 491.49 feet; thence South 34 degrees 39 minutes 50 seconds West, a
distanee af 207.7$ feet; thence South 70 degrees 02 minutes 50 seconds West, a distance of
289.50 feet; thence South 00 degrees O1 minutes 45 seconds West, a distance of 64.09 feet;
thence South 82 degrees 24 minutes 53 seconds West, a distance of 317.56 feet; thence North
89 degrees 58 minutes 15 seconds West, a distance of 372.63 feet; thence North 89 degrees
58 minutes 15 seconds West, a distance of 262.61 feet; thence South 00 degrees Ol minutes
45 seconds West, a distance of 100.00 feet, to the Point of Beginning.
AND
Supp. No. 66 2674
HEALTH AND SANITATION § 2-9-19
A parcel of land of land lying in Section 16, 20, 21, 28, 29 and 33, Township 36 South, Range
39 East, St. Lucie County, Florida, said parcel being more particularly described as follows:
Begin at the intersection of the Southeasterly right of way line of the FEC Railroad and the
Northeasterly right of way line of the SFWMD Canal C-24; thenr.e Southeasterly along said
Northeasterly right of way line of the C-24 to the intersection of the East Line of ~ection ~3,
Township 36 South, Range 39 East; thence North along the East line of Sections 33, 28, 21
AND 16, Townshi~. 36 South, Range 39 East to the intersection of the Southeasterly right
of way line of the FEC Railroad; thence Southwesterly along said southeasterly right of way
line to the Point of Beginning.
(Laws of Fla., Ch. 2003-365, § 3(1))
Sec. 2-9-17. Establishment; district formation ratified, restated, and approved.
i 1) The district, a dependent special district, is established for all purposes set farth in this
act, F.S. chs. 189 and 388, and chapter 5E-13, Florida Administrative Code, as the same may
be amended from time to time. This charter may be amended only by special act of the
legislature.
(21 The St. Lucie County Mosquito Control District, as initially established pursuant ta
chapter 29502 (1953), Laws of Florida, and thereafter amended as provided by special acts of
the legislature, is ratified, confirmed, and approved.
(La~vs of Fla., Ch. 2003-365, § 3(2))
Sec. 2-9-18. Governing board.
The governing body of the St. Lucie County Mosquito Control District (the "district") shall
be the members of the Board of County Commissioners of St. Lucie County. As soon as
practicable after the County Commissioners of St. Lucie Cour~ty have assumed office, the
commissioners shall meet to organize as the governing board of the St. Lucie County Mosquito
Control District. The Clerk of the Circuit Court of St. Lucie County shall act as secretary and
treasurer without right to vote as a member of the board or hold other office thereon without
additional compensation for his or her services, exercising all powers and performing all duties
as provided by this act. At this meeting, the board shall elect a chair froui among their number.
(Laws of Fla., Ch. 2003-365, § 3(3))
Sec. 2-9-19. Compensation.
The members of the board of county commissioners and the employees of said district when
traveling outside the boundaries of St. Lucie County whether within or without the state, on
official business duly authorized in an open meeting, shall each be reimbursed for the actual
transportation expenses paid in accordance with the provisions of F.S. § 112.061, as it may be
amended from time to time. In addition, they shall each be reimbursed for meals and actual
lodging expenses paid in accordance with the provisions of F.S. § 112.061, said traveling
expenses to be paid from the funds of said district.
(Laws of Fla., Ch. 2003-365, § 3(4))
Supp. No. 66 2675
§ 2-9-20 ST. LUCIE COUNTY CODE
Sec. 2-9-20. District powers.
The governing body of the district (the "governing board" or the "board") shall have all the
powers af a body corporate, including the power to sue and be sued as a corporation in the
name of the district in any court; to enter into contracts and purchase goods, supplies,
materials, and equipment pursuant to purchasing regulations adopted by the board in
accordance with applicable general law; to purchase, hold, lease, and convey such real property
as the board may deem proper to carry out the purposes of this action; to employ a director and
such experts, agents, and employees as the board may require; to borrow money; to issue
negotiable promissory notes and bonds as hereinafter provided; to withdraw and disburse
deposited funds of the district to enable it to carry out the provisions of this act; to consider and
approve or deny petitions to amend the boundaries of the district; and to carry liability
insurance against tort actions and to pay from the appropriate funds of the district the
premiums on such insurance. Such insurance may be carried in such amounts and against
such risks as the board, in its discretion, decides; however, in consideration of the premium at
which each policy shall be written, it shall be a part of the policy contract between the
insurance company and the district that the company shall not be entitled to the benefit or the
defense of governmental immunity of the district by reason of exercising a governmental
function in any suit brought against the district; immunity of the district against liability for
damages is waived only to the extent of liability insurance carried by the district; and the
legislature hereby finds and determines that the carrying of liability insurance as provided
herein is for a district purpose. In addition to any powers set forth in this act, the district shall
likewise exercise such powers, functions, and duties as may be set forth in F.S. chs. 189 and
388, and chapter ~E-13, Florida Administrative Code, as the same may be amended from time
to time, including, but not limited to, bond issuance, budget preparation and approval, liens
and #'oreclosure of liens, and contractual agreements. The district may be financed by any
method established in this act, F.S. chs. 189 or 388, as the same may be amended from time
to time, or any other applicable general or special law. The board shall have those adminis-
trative duties set forth in this act and ~'.S. chs. 189 and 388, as the same may be amended from
time to time.
(Laws of Fla., Ch. 2003-365, § 3(5))
Sec. 2-9-21. Surety bond.
The Clerk of the Circuit Court of St. Lucie County shall be required by this act to give to the
governing board of said district a good and sufficient surety bond in the sum of ten thousand
dollars ($10,000.00) conditioned on his or her faithfully performing the duties of his or her
office and well and truly accounting for all moneys of said district coming into his or her
custody or control. The premium of said bond shall be paid out of the funds of the district. Said
bond shall be approved by the board and shall be filed in the office of the state comptroller.
(Laws of Fla., Ch. 2003-365, § 3(6))
Sec. 2-9-22. Meetings and quorum.
The board shall determine and fix the time of its meetings pursuant to F.S. chs. 189 and 388,
as they may be amended from time to time. Special meetings may be held at the call of the
Supp. No. 66 2676
HEALTH AND SANITATION § 2-9-27
chair or any two members of the board on twenty-four (24) hours' notice to each member of said
board or, if all members are present, a special meeting may, with their consent, be held without
notice. Three members of the board shall constitute a quorum to transact business and a
majority of inembers in attendance at an~ meeting, with the chair votin~g, shall govern.
(Laws of Fla., Ch. 2003-365, § 3(7))
Sec. 2-9-23. Audits,
The books of said district shall be audited by the same officers and in like manner as the
books of county officers pursuant to general law.
(Laws of Fla., Ch. 2003-365, ~ 3(8))
Sec. 2-9-24. District budgets; hearing.
Requirements for the district's fiscal year and budget shall he as set forth in F.S. § 388201,
and chapter 5E-13, lFlorida Administrative Code, as they may be amended from time to time.
(Laws of Fla., Ch. 2003-365, S 3(9))
~ec. 2-9-25. Additional powers.
The board shall have the power and authority to hold, control, and acquire by gift or
purchase for the use of the district any real or personal property and to condemn any lands or
easements needed for the purposes of said district. Said board is authorized to exercise the
right of eminent domain and institute and maintain condemnation proceedings in the same
inanner as municipalities under the laws of the state as provided for in F.S. chs. 388, 73, and
74, and chapter 5E-13, Fiorida Administrative Code, as they may be amended from time to
time.
(Laws of F'la., Ch. 2003-365, § 3(10))
Sec. 2-9-26. visposal and packing rules and regulations.
Said board shall have the power and authority, by resolution, to prescribe rules and
regulations governing the disposal within the district of all cull citrus fruits and vegetables,
and packing house and canning plant refuse, which rules and regulations shall be enforced by
the duly authorized peace officers of St. Lucie County. Any person, firm, or corporation who
violates such rules and regulations shall be punished as provided in the general law for
punishment of a misdemeanor.
(Laws of Fla., Ch. 2003-365, § 3(11))
Sec. 2-9-27. Power to do all things necessary.
The district is hereby fully authorized to do and perform aIl things necessary to carry out the
intent and purposes of F.S. ch. 388, and chapter 5E-13, Florida Administrative Code, as they
may be amended from time to time.
(Laws of Fla., Ch. 2003-365, § 3(12))
Supp. No. 66 2677
§ 2-9-28 ST. LUCIE COUNTY CODE
Sec. 2-9-28. Public auisance declaration.
All depressions, marshes, ponds, lakes, lagoons, ditches, and other places in the district
wherein mosquitoes and said flies incubate or hatch are hereby declared to be public
nuisances, as harmful or inimical to the comfort, health, and .welfare of the inhabitants
thereof, and to be abated as hereinafter provided.
(Laws of Fla., Ch. 2003-365, § 3(13))
Sec. 2-9-29. Additional powers.
The board is authorized to cooperate with any board or boards created in adjacent districts
or counties for similar purposes. It is authorized to accept dvnations from individuals or
property owners for the purposes of this act. If the board shall detexmine that the proceeds of
the bond issue hereina#'ter provided for, together with any donations, are sufficient to eliminate
mosquito, house fly, sand fly, or other arthropod incubating or breeding areas from the entire
district, then the board is authorized to have the election called as hereinafter grovided.
(Laws of Fla., Ch. 2003-365, § 3(14))
Sec. 2-9-30. Bonds.
The procedures and requirements governing the issuance of bonds, notes, and other
evidences of indebtedness by the district shall be as set forth in this act and F.S. ch. 189, as the
same may be amended from time to time, and any other applicable general or special laws.
(Laws of Fla., Ch. 2003-365, § 3(15))
Sec. 2-9-31. Ad valorem tazes.
The district's current ad valorem lEVy is hereby confirmed and ratified. The procedures and
requirements governing the levy of ad valorem taxes by the district shall be as set forth in this
act and F.S. § 388221, as the same may be amended from time to time, and any other
applicable general or speciallaws.
(Laws of Fla., Ch. 2003-365, § 3(16))
Sec. 2-9-32. Power to perform work.
The board may have any and all work performed by contract with or without advertisement,
or without contract, by machinery, equipment, and labor employed directly by the board.
(Laws of Fla., Ch. 20fl3-365, § 3(17)) ~
Sec. 2-9-33. Damage or obstruction.
Whoever shall willfully damage any of the property of the district created under this act or
any works constructed, maintained, or controlled by said district, or shall obstruct or cause to
be obstructed any of the operations of said district, shalI be punished as provided in the general
law for punishment of a misdemeanor.
(Laws of Fla., Ch. 2003-365, § 3(18))
Supp. No. 66 2678
HEALTH AND SANITATION § 2-9-35
Sec. 2-9-34. Disclosure and expenses.
Requirements for financial disclosure, meeting notices, public records maintenance, and per
diem expenses for officers and employees shall be as set forth in F.S. chs. 112, 119, 189, 286,
and 388, as the same may be amended from time to tune.
(Laws of Fla., Ch. 2003-365, § 3(19))
Sec. 2-9-35. Change in district boundaries.
(a) Any property owner owning real property within St. Lucie County may petition the
board to amend the boundaries af the district to include his or her property. The pxoperty
owner shall file a petition to amend the district boundaries with the secretary of the board. A
petitioner must own property within the area he or she seeks to have added to the district.
(b) In reviewing petitions for amendment of the boundaries of the district, the board shall
corisider whether the property to be included in the district is contiguous to the boundaries of
the district or, if the property is not contiguous to the boundaries of the district, whether the
~roperty is of such existing or planned development to warrant inclusion in the district.
(c) The petition to amend the district boundaries shall be available from the secretary of the
board and shall include, but not be limited to, the following informatian: the petitioner's name
and address, the proposed amendment to the district boundaries, a statement that petitioner
owns real property lying within the area he or she seeks to have added to the district, a legal
description of the petitioner's property lying within the area he or she seeks to have added to
the district, and a statement describing why the district boundaries should be so amended.
(d) When the secretary of the board determines that a completed petition to amend the
district boundaries has been filed, he or she shall notify the board so that a public hearing may
be set and notice given. Upon notification by the secretary, the board shall place the petition
on the agenda of a regular meeting for public hearing. The board shall then publish notice of
the public heariiig on the petition twice in a newspaper of general circulation in St. Lucie
County not more than thirty (30) days or less than 15 days before the date of the hearing,
excluding Sundays and legal holidays. A copy of the notice of public hearing shall be available
in the office of the secretary of the board during regular business hours.
(e) Any time after the publication of notice, any person, upon reasonable request, may
examine the petition in question, and any material submitted in support of opposition to the
petition, in the office of the secretary of the board during regular office hours. Any person shall
be entitled to obtain copies of the petition and other materials upon reasonable request and
payment of a fee to cover the actual costs of providing such copies.
(~ Any person may appear at the public hearing or may be represented by counsel or agent
and may submit documents, materials, and other written or oral testimony either individually
or as a representative of an organization.
Supp. No. 66 2679
§ 2-9-35 ST. LUCIE COUNTY CODE
(g) At the time and place specified in the notice of hearing, the board shall conduct a public
hearing on the petition. Within a reasonable time after the public hearing, the board shall
approve or disapprove the petition. However, if the petition is approved, the property described
in the petition may be added to the district only upon approval by a majority vote of qualified
electors of the area proposed to be added voting in a referendum called for such purpose.
(h) Notification of the results of the referendum shall be mailed to the petitioner, and a copy
of the notification shall be filed in the office of the secretary of the board.
(i) If the amendment to the district boundaries is approved, the secretary of the board shall
file notification of the final decision, including the boundaries as amended, with the
Department of Agriculture and Consumer Services and the St. Lucie Gounty .Property
Appraiser.
(j) Ad valorem taYes of property added to the district shall be initially imposed no earlier
than January 1 subsequent to the approval of the petition.
(Laws of Fla., Ch. ~003-365, § 3(20))
[The next page is 2735]
Supp. No. 66 2680
CODE DISPOSITION TABLE
Ordinance
Number Subject Section
O1-012 Establishes Westchester Pt. A Added
Community Deveiopment
District No. 3
01-013 Establishes Westchester Pt. A Added
Community Development
District No. 4
01-003 Axnends land development
code
02-009 Amends land development
code
02-010 Amends boundaries to Pt. A
Westchester Community De-
velopment District No. 1
02-011 Amends boundaries to Pt. A.
Westchester Community De-
velopment District No. 2
02-012 Amends boundaries to Pt. A.
Westchester Community De-
velopment District No. 3
02-013 Amends boundaries to Pt. A.
Westchester Com~nunity De-
velopment District No. 4
02-I7 Creates Driver Education Pt. A Added
Safety 74'ust Fund
02-18 Creates Chapter 1-16.2, Pub- Pt. B Added
Iic Property
02-21 Amends terminal incentive Pt. A
pay for accumulated and un-
used sick leave
02-16 Amends noise control defini- Pt. A
tions; establishes maximum
permissable sound levels by
district use
Pt. B
02-24 Amends definition of "coun- Pt. A
ty" and "eligible project costs"
02-2~ Increases court facility Pt. A
charges
02-030 Reserves sections 1-6.5-120- Pts. A -C Ad-
1-6.5-129; 1-6.5-130-1-6.5- ded
139; Establishes Portofino
Shores Community Develop-
ment District
02-34 Creates additional homestead Pt. A Added
exemption for persons 65 and
older
Supp. No. 66 3752.7
Disposition
1-6.5-100-1-
6.5-109
1-6.5-110-1-
6.5-113
1-6.5-81
1-6.5-91
1-6.5.101
1-6.5-111
1-7-30-1-
7-33
1-16.2-1-1-
162-6
1-2-16
1-13.8-16
1-13.8-18
1-4.5-1
1-7-2
1-6.5-140-1-
6.5-143
1-19.3-85-1-
19.3-90
ST. LUCIE COUNTY CODE
Ordinance
Number Subject Section Disposition
02-36 Amends tourist development Pt. A 1-19.3-30,
t~ 1-19.3-31
03-07 Creates Article VI of Chap- Pt. A Added 1-2-66-1-
ter 1-2, Criminal History 2-68
Record Checks
03-08 Amends Ord. No. 88-20, E%- Pt. A 1-13.8-19
emptions from Noise and Vi-
bration Level Guidelines
Amends provisions for appli- Pt. B 1-13.8-20
cation for a permit for relief
from noise and vibration lev-
els
03-10 Amends public nuisance def- Pt. A 1-4-16
inition
03-16 Creates section 1-20-6 turn- Pt. A Added 1-20-6
ing prohibitions
03-21 Amends section 1-20-17 park- Pt. A 1-20-17
ing restricted on certain
streets
03-11 Amends Article III Code En- Pt.A Added 1-2-27.4, 1-2-
forcement Board of Chapter 27.5
1-2; sections 1-2-20-1-2-26;
1-2-27.1-1-2-27.3; Creates
sections 1-2-27.4, 1-2-27.5
03-19 Amends Chapter 1-4, section Pt. A 1-4-16
1-4-16 "Definitions"
03-020 Amends Chapter 1-7.9, Fire Pt. A Added 1-7.9.18,
Protection; Creates new Ar- 1-7.9.19
ticle II sections 1-7.9.18,
1-7.9.19
Q3-22 Amends Chapter 1-9, Gar- Pt. A 1-9-30
bage, ~ash and Refuse sec-
tions 1-9-30, 1-9-31, 1-9-33,
1-9-51, 1-9-55, 1-9-91
Pt. B 1-9-31
Pt. C 1-9-33
Pt. D 1-9-51
. Pt. E 1-9-55
Pt. F 1-9-91
03-2$ Amends section 1-15-25(a), Pt. A 1-I5-25(a)
Parks and Recreation
03-30 Amends Chapter 1-18; Cre- Pt. A Added 1-18-3
ates section 1-18-3, Designa-
tion of Chief Correctional Of-
ficer
supp. No. ss 3752.8
CODE DISPOSITION TABLE
Ordinance
Number Subject Section Disposition
03-34 Amends Chapter 1-20, sec- Pt. A 1-20-17
tion 1-20-17, Parking re-
stricted on certain streets
Supp. No. 66 3752.9
CODE DISPOSITION TABLE
ap er ~
77-645 St. Lucie County-Ft. Pierce Fire Pre-
Disposi-
Ch t Sub'ect Section tion
vention and Control District; emergency
equipment and ambulance employees
78-608 St. Lucie County-Ft. Pierce Fire Pre-
~>ention and Contrul District; commis-
sioners
78-609 Ft. Pierce Farms Water Management
District; maintenance tax
78-610 Schoolboard;groupinsurance
79-559 St. Lucie County-Ft. Pierce Fire Dis-
trict authorized to borrow certain sum
each year
79-560 Amends Ch. 68-102 (prohibition of 1
airboats in the savannahs)
80-598 Mosquito control district boundaries
83-510 St. Lucie County-Fort Pierce Fire Dis-
trict Board of Commissioners
$3-511 Environmental control 1-24
83-512 Court fees for law library funding
84-521 Insurance for retired fire district employ-
ees
84-522 Establishment of water districts
86-347 Water and sewer
86-437 Animal control 1(1-4)
87-448 Fort Pierce Farms Water Control Dis-
trict, board of supervisors
87-510 Mosquito control district; amends Ch. 1
29502, as amended
2
3
88-515 St. Lucie County Port and Airport Au-
thority; repeals Ch. 61-2754, as amended;
repealed by Ch. 98-497
88-516 Law libraries 1
89-475 Sheriffs office employees, civil service
system
90-470 Payment of taxes before recording plats 1
Supp. No. 66 3777
2-4-1
2-9-16
2-6.5-1-
2-6.5-24
2-10-17
2-3-31-2-
3-34
2-9-16
2-9-19
2-9-40.1
2-10-16
2-14-21
ST. LUCIE COUNTY CODE
Disposi-
Chapter Subject Section tion
96-461 Mosquito control district; amends Ch. 1 2-9-19
29502, as amended by Chs. 5s-174 and
87-510
97-354 Erosion district; amends Ch. 67-2001 1, 2 2-6-16;
2-6-17
3-5 2-6-19-2-
6-21
6 2-6-18
7, 8 2-6-22,
2-6-23
9 2-6-23.1
10-13 2-6-24-2-
6-27
14 2-6-37
15-24 2-6-28-2-
6-36
25 2-6-38
98-497 St. Lucie County Port and Airport Au-
thority; dissolution of; repealed Chs. 88-
515 and 97-377
2000-138 Motor vehicle title loans Pt. A 1-14-30
2003-365 St. Lucie County Mosquito Control Dis-
trict; regeais Laws of Florida, Chapters
29v02 {1953), 59-1794, 59-1796, 61-
2760, 65-2187, 80-598, 87-510, 96-461
and [supersedes 57-1795]
Ch. 2003-365 creates sections 2-9-16-2- 3(1}-(20) 2-9-~6--2-
9-35 9-35
SupP. No. ss [~e next page is 3827]
3778
STATCT'rOR.Y REFEftENCE TABLE
This table shows the location within this Code, either in the text or notes
following the text, of references to the state law or related matters.
FL Constitution Section this Code
Art. V 1-7-1
Art. VII, § 6(b) 1-7.6-31
Art. VII, § 9(b) 1-13.5-4, 1-13.5-9
Art. VIII 1-6.5-51(b), 1-7.9-1(b), 1-11-ll(b),
1-15-31(b), 1-16.3-11(b), 1-17-25
Art. VIII, ~ 1(~ 1-3-10, 1-6.5-51(c), 1-17-25
Art. X, § 4 1-6.8-26, 2-6-18
F.A.C. Section this Code
Ch. 1B-2 1-11-5
Ch. 9J-5 1-16-21
Ch. 10-9 1-7.6-34(a)(1)
Ch. lOD-4 1-7.6-34(a)(3)
Ch. lOD-6 1-7.6-34(a)(3)
lOD-6.52 1-10-21(a)
Ch. lOD-10 1-7.6-34(a)(1)
Ch. lOD-66 1-12.5-3, 1-12.5-7, 1-12.5-9
lOD-66.61 1-12.5-13
Ch. 17-3 1-7.6-34(a)(3)
Ch. 17-4 1-7.6-34(a)(3)
Ch. 17-7 1-7.6-34(ax4), 1-10-21(a)
1-10-23(a), (d)
Ch. 17-22 1-20.5-13(b)
17-550.310 1-20.5-151
17-550.320 1-20.5-151
17-555.325 1-20.5-151
17-555.520 1-20.5-i51
Ch. 40E-21 Ch. 1-20.5, Art. II, 1-20.5-36, 1,20.5-38
Ch. 91-37.004 1-10.5-37
F.S. Section Section this Code
1.01(3) 1-17-1(a)
28.24 1-7-5
30.55 1-18-1
34.07 1-2-27.5(e)
Ch. 2-10, Art. II(note)
39.01 1-6-16
43.28 1-16.3-11(c)
Ch. 48 1-4-20(c)(4)
Ch. 50 1-2-272(b)(1)a.
50.041 1-2-272(b)
50.051 1-2-272(b)(2)
Ch. 73 1-6.5-83
1-6.5-93
1-6.5-103
Supp. No. 66 3827
ST. LUCIE COUNTY CODE
F.S. 3sction
Ch. 74
86-437
100.211-100291
100.342
112
112.061
1Z2.08
112.215
119
C~. 125
125.01
1,~~ 4~lte)
125.01(fl
125:01(k)
125:01(m)
1~5.01(n}
125.~1(1)(c1
~~:n~c~x~
125:01(1)(j)
125:01(lxk)
1~5:0'1(1)(m)
125.01( I)(n)
125.01(1~(q)
125.01(2~(0), {w)
125:0104
125.OIU4(3)(a)
125:0104(3)(g)
125.0104(5)
125.01U4(8)
125.U104(lU)
125.U31
125.35
Section tlus Code
1-6.5-113
2-6-1
2-9-25
1-6.5-83
1-6.5-93
1-6.5-103
1-6.5-113
2-6-1
2-9-25
1-4-26
2-1-2
1-19.3-75
2-9-34
1-6-34(d),
2-9-19,
2-15-6
2-1-31
1-14.5-21
2-9-34
1-6.3, Art. IV
1-7-20, 1-6.5-51(b),
1-7.9-1(b), 1-11-11,
1-15-31, 1-16.3-11,
1-17-2~, 1-19.3-54
Ch. 1-2.5(note)
Ch. 1-6.5, 1-6.5-21
Ch. 1-2.3
1-11-1
Ch. 1-10, Art. II(note),
Ch. 1-7.6, Art. II(note)
Ch. 1-2.3, Art. II
1-22.5-2
1-16.3-21(c)
Ch. 1-11(note), 1-11-11(c), 1-15-31(c)
Ch. 1-15(note)
Ch. 2-6(note)
Ch. 1-9(note)
Ch. 1-17(note)
1-20-17(note)
Ch. 1-13.3, Art. II(note)
. Ch.l-17(note)
1-3-10
. 1-19.3-30, 1-19.3-31,
1-19.3-32(fl
1-19.3-32(c)
1-19.3-32(a)
1-19.3-32(a)
1-19.3-32(d)
1-19.3-32(a)
- 2-1-2
2-1-3
Supp. No. 66 3828
STATUTORY REFERENCE TABLE
F.S. Section
125.35(3)
125.69
125.69(a)
125.70-125.74
125.5801
125.901
Ch. 129
156.601 et seq.
161.053
Ch. 162
Ch. 162, Pt. II
Ch. 163
163.3161 et seq.
163.3161-163.3211
163.3178
163.3201
163.3202
163.3202(3)
Ch. 177
186.901
Ch. 189
Ch. 190
190.005
Ch. 192
192.091(2)(b)2
Ch. 196
196295
Ch. 197
197.322
197.363
197.3632
197.3635
Ch. 206
Ch. 212
Ch. 212, Pt. I
Supp. No. 66
Section this Code
1-162-1
1-3-17(b), 1-5.5-59(c),
1-7.6-38, 1-7.8-17,
1-13.8-21
1-6.3-55
Ch. 2-1, Art. II(note)
1-2-67
1-2-68
1-6-38
1-13.5-4
1-10.5-21
1-7.6-53
1-5-10, 1-6-46
1-2-27.5
1-6.5-52(d), 1-7.9-2(c}
1-17-26(c), 1-19.3-54
1-16-16, 1-16-21
1-20.56-4(3)
1-6
1-7.9-1(b), 1-11-11, 1-15-31,
1-16.3-11, 1-16.3-12
1-6.5-52(d),1-11-11,
1-1i-12, 1-15-31, 1-15-32,
1-16.3-11, 1-17-2F(c)
1-7.9-1(b)
1-5.5-10
1-12-22(1)
2-6-17
2-9-20
2-9-22
2-9-34
1-6.5-24
1-6.5-83
1-6.5-93
1-6.5-103
1-6.5-113
Ch. 1-6.5, Art. III, 1-6.5-21
1-19.3-54
1-13.5-10(i)(3)
1-19.3-54
1-6.5-57(b)
1-13.5-10(i), 2-6-23
1-13.5-10(i)
1-13.5-10(i)t6)
1-13.5-6(g), 1-13.5-7,
1-13.5-10(i), 1-13.5-11
1-13.5-6(g), 1-13.7-7,
1-13.5-IO(i), 1-13.5-I1
1-19.3-41, 1-19.3-81
1-19.3-30-1-19.3-32
1-19.3-54, 1-19.3-32(b)
3829
ST. LUCIE COUNTY CODE
F.3. Section
212.03
2x2.054
212.054(2)(b)
212.055(2)
212.055(2)(c)
Ch. 214
218.62
220.15(5)
235.19
235.193
Ch. 252
Ch. 257
Ch. 286
Ch. ~87
287.055
287.055(2)(j)
287.055(10)(c)
Ch. 293
Ch. 294
Ch. 316
316.003(?5)
316.U06(3)
3 ].6.008
316.U08(6)
316.0261
3I6.121
316.189(2)
316. L9!3
316.194
316.1858
316.660
31fi.20fi5(3)(d), (16)
3 ~.8.14
~18.18(1}--318.1~6)
318.21
320.0848
320.084
320.0842
320.0843
320.U845
Ch. 324
Ch. 327
327.60(2)
327.72, 327.73
Ch. 334-336
334.03(7)
336A21
336.025
336.025(4)
Section this Code
1-19.3-30
1-19.3-71
1-19.3-54
1-18.3-51, 1-19.3-71
1-19.3-72
1-19.3-55, 1-19.3-73
1-19.3-54
1-19.3-55, 1-19.3-73
1-19.3-55
1-6.~-51(b)
1-6.5-51(b), 1-6.5-52(c)
Ch. 1-6.3, Art. IV
1-11-3, 1-11-5
1-6.8-25
2-9-34
1-2-41
1-2-48(b)
1-2-48(a)
1-2-45
1-7-3
1-7-3
1-13,.8-19(1)(e), 1-7-12
1-20-6
Ch. 1-20(note)
Ch. 1-20(note)
1-18-2
Ch. 1-20(note)
Ch. 1-20(note)
1-20-1
1-7-22(a), 1-13.,3-20
1-20-16
1-2.3-22, 1-20-26, 1-20-2'I
1-?-12
1-20-61
1-~-12
1-7-8
1-7-12
1-2.3-22
1-20-26, 1-20-27
1-20-26, 1-20-27
1-20-26, 1-20-27
1-20-26, 1-20-27
1-13.3-20
1-7.6-38
Ch. 1-7.6, Art. II(note)
1-5-10
1-17-25
1-17-34
1-17.3-81
. 1-I9.3-41
1-19.3-42(a)
Supp. No. 66 3830
STATUTORY REFERENCE TABLE
C
d
thi
S
i
F.S. Section e
o
s
on
ect
336.025(5}(b) 1-19.3-42(b)
341.102 1-13.3-17
344.03(13), (18) 1-17-34
365.171(13) 1-2-2
370.08(2) 1-8-1
Ch. 380 1-6.5-52(d), 1-7.9-2(c)
380.03 Ch. 1-16(note)
380.06 1-6.5-73, 1-7.9-8(a), 1-11-18(a), 1-15-
38(a), 1-16.3-18(a)
380.06(15) 1-17-25
380.06(16) 1-6.5-52fd), 1-6.5-57(d), 1-7.9-8(c), 1-11-11,
1-11-18(c), 1-15-32, 1-15-38(c),
1=16.3-12, 1-16.3-18(c), 1-17-26(c)
380.061 1-6.5-73
Ch. 381 1-7.6-34(a)(3)
381.031(1)(g)(3) Ch. 1-9(note)
Ch. 386 1-7.6-34(a)(3)
386.01 1-4-16
388 2-9-17(a)
388201 2-9-20
2-9-22
2-9-24
2-9-25
2-9-27
2-9-34
388.221 2-9-31
Ch. 395 1-12.5-3, 1-12.5-6, 1-12.5-7, 1-12.5-9
Ch. 401 1-12.5-1, 1-12.5-7, 1-12.5-9, 1-12.5-17
40125 1-12.5-3
401.255(1) Ch. 1-10, Art. II(note)
401255(2)(c) 1-10-22(c)(1)
401255(2)(d) 1-10-22(c)(2)
401.255(2)(g) 1-10-22(c)(5)
401255(2)(h) 1-2~0-22(c)(6)
401.26(2) 1-10-22(c)(6)
401281 1-10-22(c)(3)
401.44 1-2.5-3
Ch. 403 1-7.6-34(a)(3), 1-13.$-19(1)(e)
403.707(12)(j) 1-9-51
420.9072 Ch. 1-10.5, Art. IV
Ch. 470 1-9-51
Ch. 471 1-2-47, 2-5-3
471.023 1-2-47
474.202 2-3-31(e)
Ch. 481 1-2-47, 2-5-3
481.219 1-2-47
481229(1)(b) 2-5-3
481.319 1-2-47
Ch. 489 1-6.8-22, 2-5-5, 2-5-20
489.105(4), (5) 1-6.8-22
489.119 1-2-47
Supp. No. 66 3831
ST. LUCIE COUNTY CODE
F.S. Section Section this Code
489.131 2-5-4(g)
Ch. 501 Ch. 1-6.3, Art. IV
Ch. 538, Pt. I 1-14-30
538.03(1)(a) 1-14-30
561.01(4)(b) 1-3-5
561.01(15) 1-3-1
Ch. 527 2-5-3
Ch. 562 1-7-22(a)
Ch. 567 1-7-22(a)
Ch. 568 1-7-22(a)
Ch. 569 1-6-42, 1-6-43
Ch. 588 1-4-22
Ch. 679, Pt. V 1-14-33
696.05 2-1-4
Ch. 713 2-5-20
767.10-767.14 1-4-20(a)
767:11(1) 1-4-20(c)
767.13 1-4-20(i)
775.08 1-4-26, 2-3-33, 2-6.5-16
775:082 1-4-20(g), (i), 1-6.8-23
1-2-27.5(d)
775.083 1-4-20(g), (i), 1-6.8-23
1-2-27.5(d)
775.Q84 1-4-20(i)
?90.07 1-7.8-19(cXl)
791.013 1-7.9-18(e)
Ch. 796 1-13.3-20
846.i01 1-2.5-3
823:14 1-4-16
Ch. 828 2-3-34
828.Ob 1-4-23
828:D55 1-4-23
828.058 1-4-23
828.27 1-4-27
828.27(2) 1-4-24(d)
837:06 1-7.8-17(p)
847.07(2) 1-14-2
847.09(1) 1-14-2
847.Q13(4) 1-14-2
856.011 1-7-22(a)
856.Q15 1-7-22(a)
865.09 2-5-9
Ch. 893 . . 1-7-21, 1-7-22,
1-7.8-17(h), 1-7.8-19(d)
893.02 1-13.3-20
893.13 1-7-20, 1-7-22(a)
893.165 1-7-20
938A1(1) 1-7-1
938.15 1-7-1
939.18 . 1-7-6.5
943.10 2-3-31(e)
Supp. No. ss 3832
STATUTORY REFERENCE TABLE
ti
F
S
S
on
.
.
ec
943.12
94325(4)
94325(13)
993.02
Laws of
Fla.
57-1790
71-895
85-255
87-239, ~ 2
ch. 2000-138
ch. 2002-20, § 98
Supp. No. 66
Section this Code
1-20-26
1-?-1
1-20-32
1-13.3-24
3833
Section this Code
1-?-6
1-7-6
1-7-8(a)
1-19.3-51, 1-19.3-55
1-14-30
1-7-30
[The next page is 3849]
CODE INDEX
Se~ti on
CIVIL DEFENSE AND EMERGENCY MANAGEMENT
(Cont'd.)
Prohibitions against price gouging . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6.3-54
Title; authority; purpose ...................................... 1-6.3-51
CLUBS
Persons defined to include ....................................... 1-1-2
CODE ENFORCEMENT BOARD
Action for money judgments under this chapter; limitation. 1-2-27.3
Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2-27.1
Calling and conduct of hearings ................................ 1-2-23
Definitions ........................................................ 1-2-20
Enforcement procedure . . . . .. . . . .. . . . . . . . . . . . .... ... ... .. .. .. ... . 1-2-22
Lien, duration ..................................................... 1-2-26
Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2-272
Organization . . ... .. . .. . . . . . . .. . . . . . .. . . .. . . . . . . .. . .. . . . . . . .. . . . .. . 1-2-21
Penalty for failure to comply with order .............. ........ 1-2-25
Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . 1-2-24
Provisions of article supplemental .. .................... ....... . 1-2-27.4
Supplemental county enforcement procedures . . . . ... . . .. . .. . . 1-2-27.5
CODE OF ORDINANCES*
Altering Code ..................................................... 1-1-7
Catchlines ......................................................... 1-1-4
Cited ............................................................... i-1-1
Definitions ........................................................ 1-1-2
Designated ........................................................ 1-1-1
General penalty ................................................... 1-1-8
Jurisdiction ....................................................... 1-1-6
Of#icers and employees not liable to fine for failure to
perform duties ............................................... 1-1-9
Ordinances and resolutions not affected by Code ............. 1-1-3
Repeal of ordinances, effect of .................................. 1-1-5
Rules of construction ............................................. 1-1-2
Severability of parts of Code . . .. . .. . . . . . . . . .. .. ... . ... . . ....... . 1-1-10
COMMISSIONERS AND COMMITTEES. See: I?EPAR,`I~NTS
AND OTHER AGENCIES OF COUNTY
COMMUNITY DEVELOPMENT
Educational facilities impact fee
Authority, applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6.5-51
Definitions ...................................................... 1-6.5-54
Exemptions ..................................................... 1-6.5-60
Fee schedule .................................................... 1-6.5-56
Funds, use of ................................................... 1-6.5-58
Imposition of ................................................... 1-6.5-55
*Note-The adoption, amendment, repeal, omissions, effective date, explana-
tion of numbering system and other matters pertaining to the use, construction
and interpretation of this Code are contained in the adopting ordinance and
preface which are to be found in the preliminary pages of this voluine.
Supp. No. 66 3857
ST. LUCIE CODE
Section
COMMIJNITY DEVELOPMEI~T (Cont'd.)
Intents, PurPoses ............................................... 1-6.5-52
Payment of fee; credits . . . . . . . . . . .. . . . . . . . . . . . . . . . . 1-6
5-57
. . . . . . . . . . . .
Refund of fees paid .
............................................
Review ........................................ 1-6.5-59
1-6
5-6 1
..................
Rules of construction . .
1-6
-5
.........................................
Sc~edule ....................................... .5
3
1-6
5-56
.................
Short title .....................................................
Lake Lucie Community Development District .
1-6.5-5 1
Boundaries ................................................... 1-6.5-32
Es~ablished ..................................................... 1-6:5-3 1
Initial board of supervisors .. . ... .. ... .. . . .. . .. .. . . . . .. . . . . . . . 1-6.5-33
Special conditions ................................. 1-6
5-34
.............
Pine Valley Community Development District .
Authority for adoption of provisions . . . . . . . . . . . . . . . . . . . . . . . . . 1-6.5-21
Es#,ablished; boundaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6.5-22
Governance lay Florida Statutes .............................. 1-6.5-24
Name ............................................................ 1-6.5-23
Portofino Shores Community Development District
Boundaries ..................................... .............. 1-6.5-14 1
Established; name .............................. 1-6
5-140
...............
Initial board of supervisors .
.................. .... ....... ...... 1-6.5-142
Specjial conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6
5-143
. . . . . . . . . . .
Reserve Community Development District .
Boundaries ...................................................... 1-6.5-36
Eatablished
..................................................... 1-6.5-35
~nitial board of supervisors . . . . .. . .. . . . . . . . . . . . . . . .. . ... . . .. . . 1-6.5-37
Name ............................................................ 1-6.5-3 5
Supp. No. 66 3858
CODE INDEX
FIRE PROTECTION (Cont'dJ
Use of funds ....................................................
Fireworks and sparklers
Definitions ......................................................
Manufacture, sale and use of fireworks ..... .... ... ..... ... .
Intents .............................................................
Property appraisals
Indepenc~ent ....................................................
Review ..........................................................
Purposes ...........................................................
Rules of con struction .............................................
Short title .........................................................
FIREAR,MS AIV'D WEAPONS
Certain areas, use of firearms prohibited .................... .
Violations and penalties .........................................
FIRES
Duty of picnickers re .............................................
FIREWORKS AND SPARKLERS
Definition s ........................................................
Manufacture, sale and use of fireworks ........................
FIRMS
Persons defined to include .......................................
FISH AND GAME
Canals
Trap, n et fishing restricted ...................................
County property, on
Hunting and fishing regulated ... . ............... ............
Gill, drag net specifications . .... .... .... .. . .....................
Nets, length in Indian River restricted
Marking .........................................................
Sea turtles, taking or sale restricted . . . . . . . . . . . . . . . . . . . . . . . . . . .
Seines
Use in Fabers Cove . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Use in St. Johns River ........................................
Spearfishing
Be aches .........................................................
St. Johns River
Use of seines ...................................................
Surf fishing
Be aches .........................................................
FLORICULTURAL PRODUCTS
Occupational license taxes and regulations ...................
suPP. No. ss 3867
Sectio~
1-7.9-13
1-7.9-18
1-7.9-19
1-7.9-2
1-7.9-9
1-7.9-10
1-7.9-2
1-7.9-3
1-7.9-1
1-7.8-16
1-7.8-17
1-15-21
1-7.9-18
1-7.9-19
1-1-2
2-7-3
1-15-20,
1-15-25
2-7-1
1-8-1
2-7-2
2-7-5
2-7-4
1-15-25.
2-7-4
1-15-25
1-12-26
ST. LUCIE CODE
Section
FLUORIDATION
Fluoridation of water system .. . .. .. . .. . .. . .... .. .. .. .. . ... .... . 1-20.5-50,
1-20.5-51
See: WATEft AND SEWERS
FOOD AND FOOD SERVICES. See also: EATING ESTAB-
LISHMENTS
Selling or vending food and drink, etc.
County property, on ............................................ 1-15-24
See: PARKS AND RECREATION
FOWL. See: ANIMALS AND FOWL
FRANCHISES
Cable television ................................................... 1-5.5-1 et seq.
Garbage, trash and refuse; franchises
Collection and disposal ........................................ 2-8-4
Ordinances and resolutions not affected by Code ............. 1-1-3
G
GAMBLING
Not suthorized .................................................... 1-12-24
GAME. See: FISH AND GAME
GAMES AND C~NTESTS
Beaches, on ........................................................ 1-15-25
GARBAGE, TRA~H ANp REFUSE
Abandoned property, garbage, trash, junk and debris
De~tians ...................................................... 1-9-16
~a~~ty
Private, in or on ............................................. 1-9-19
Public, in nr oa .............................................. 1-9-I7
Roads or public lands, in or on . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . 1-9-17
Waters, publie; in or on ....................................... 1-9-Y8
Agreements, solid waste collection serviee
Eaclusive service areas; desi:gnation . . . . . . . . . . . . . . . . . . . . . . . . . . 1-9-92
Geueral authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-9-91
Tndemnificatio~ ................... . ........................ 1-9-93.
Prob.ibited acts .................................................. 1-9-95
Revocation of certain permits ................... ........ ...... 1-9-94
Authority tc~ collect fees from users of landfill .:. ............. 1-9-1
Collection and di~pasal franchises............~ .................. 2-8-4
Colleation and disposal services, authority to create ........ . 2-8-1
Collection of solid waste, recyclable materials
Alternative method ............................................ 1-9-57
Agreements, solid waste collection service . . . . . . . . . . . . . . . . . . 1-9-91 et seq.
Applicability .................................................... 1-9-54
Authorization required . . . .. . .. . . . . ..... .. .. .. . . . .. . . . . .. . . . . . . 1-9-73
Commercial property .......:.................................. 1-9-72
Construction; interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-9-52
Supp. No. ss 3868
CODEINDEX
GARBAGE, TRASH AND REFUSE (Cont'd.)
Definitions ......................................................
Findings .........................................................
Mandatory collection of solid waste ..........................
Regulated contractors, collection by ................ .........
Remedies ........................................................
Residential property ...........................................
Violations; penalties ...........................................
Collection permits
Application ......................................................
Notice of ........................................................
Form of .......................................................
Issuance of ...................................................
Nontransferability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Notice of application ........................................
Renewal ......................................................
Requirement for . . . .. . . . . . .. . . . .. . . .. . . . . . . . . . . .. . . . . . . .. . . . .
Revocation ....................................................
Rules and regulations .......................................
Disposal sites, authority to designate
Prohibited accumulations . ... .. .. . .. .. . .. . .. .. . . . . . . . . . . . . . . . .
Fees
Authority to collect from users of landfall site . . . . . . . . . . . . . .
Franchises
Collection and disposal ........................................
Incinerator units, disposal or ...................................
Landfill site
Authority to collect disposal fee from users . . . . . . . . . . . . . . . . .
Rules and regulations .........................................
Mandatory disposal
Definitions ......................................................
Findings and statement of intent . . . . . .. .. . . . . . . . . . . . . . . . . . . .
Prohibited acts .................................................
Remedies ........................................................
Revocation of certain permits ................................
Solid waste, mandatory disposal required ............. .....
~tle and authority .............................................
Violations and penalties .......................................
Permit. See herein: Collection Permits
~ash. See herein: Abandoned Property, Garbage, 'I4~ash,
Junk and Debris
Vehicles, abandoned. See herein: Abandoned Property, Gar-
bage, ~ash, Junk and Debris
GAS
Taxation. See that subject
Local option motor fuel tax .. . . .. . . . . . . . . . . . .. . . . . ... . . . .. ... .
Ninth cent gas tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Supp. No. 66
3869
Section
1-9-51
1-9-53
1-9-71 et seq.
1-9-74
1-9-56
1-9-71
1-9-55
1-9-21
1-9-21
1-9-23
1-9-22
1-9-26
1-9-22
1-9-25
1-9-20
1-9-24
1-9-27
2-$-2
1-9-1
2-8-4
2-8-3
1-9-1
1-5-2
1-9-30
1-9-29
1-9-32
1-9-34
1-9-35
1-9-31
1-9-28
1-9-33
1-19.3-41
et seq.
1-19.3-81
et seq.
ST. LUCIE CODE
Section
GENDER
Defined ..................................... . ................ 1-1-2
GR.OVE PRODUCTS
Occu~ational license taxes; exemptions ........................ 1-12-26
H
HAl`TDBILLS. See: ADVERTISING
HANDICAPPED PERSONS
Airport parking . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . 1-2:3-22
Nonemergency medical transportation s~rvices . . .. . . . .. . . .. . . 1-10-21 et seq.
See: NQNEIVIERGENCY MEDICAL TRANSPORTATION
SERVICES
Parking space provision ...... . .... .. ............ . .......... .. ... 1-20-27
HAWKERS. See: PEDDLERS AND HAWKERS
HEAI.TH AND SANITATION
Air pollution ...................................................... 2-9-1
Bonds. See herein: St. Lucie County Mosquito Control Dis-
trict
Marine sanitation ................................................ 1-7.6-30 et seq.
See: ENVIftONMENTAL CONTROL
Mosquito control district
Group insurance for employees ............... ........ ........ 2-9-3
i.imitation on actions brought against .. .. . . . . . . . . ... .. . . . . . 2-9-2
Sewage disposal eapacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-10-31 et seq,
See: WATER AND SEWERS
Sludge, septage and sewage disposal .......................... 1-10-21 et seq.
See: WATER AND SEWERS
St. I~ucie County cross connection control policy ............: 1-10-35 et seq.
See: WATER AND SEWEftS
St. Lucie County Mosquito Control District
Ad valorem tages . .. ... . . .. . . . . . . . . . .. ... . . . .. . . . . . .. . . .. . .. . . . 2-9-31
Bonds ............................................................ 2-9-30
Boundaries ...................................................... 2-9-16
Change in district boundaries .............. .. ............. . 2-9-35
Damage or ohstructiton . ......... ................ ...... ....... . 2-9-33
Disclosure and expenses ...................................... 2-9-34
Disposal and paeking rules and regulations . . . . . . . . . . . . . . ... 2-9-26
District budgets; hearing ...................................... 2-9-24
District formation ratified, restated, and approved .. .. .... 2-9-17
Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-9-17
Governing board ............................................... 2-9-18
Audits ......................................................... 2-9-23
C ompensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-9-19
Meetings and quorum ....................................... 2-9-22
Powers .......................................:................ 2-9-20
Additional powers ......:.................................. 2-9-25
Surety bond .. .. .. . . .. . . . . . . . . . . . . . .. .. .. . . . .. . . .. . .. . . .. . . . . . 2-9-21
Supp. No. 66 3870
CODE INDEX
Sect~on
HEALTH AND SANITATION (Cont'd.)
Power to do all things necessary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-9-27
Power to perform work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-9-32
Public nuisance declaration ................................... 2-9-28
HISTORICAL COMMISSION
Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .. . . . . . . . . . . . . 1-16-41 et seq.
See: PLA,~tNING
HORTICULTURAL PRODUCTS
Occupational license taxes; exemptions ......................... 1-12-26
HOTELS
Alcoholic beverage establishments; sexual activities ... .. .... 1-3-15(c}
Occupational license taxes and regulations ................... 1-12-29
HOUSE NAMING AND NUMBERING. See: STREET AND
HOUSE NAMING AND NUMBERING
HOUSING
Fair housing
Additional remedies ........................................... 1-10.5-33
Administrator; authority and responsibilities .............. 1-10.5-31
Complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-10.5-32
Definitions . .. . .. . .. . . . . ... . . . . . . ... . . . . . . . .. .. . . ... . ... . . . .. .. . .
Discriminatory housing practices 1-10.5-26
29
Brokerage services, provisions of . . . . . . .. . . . . . . . . . . . . . . . . . . 1-10.5-
Financing flf housing ........................................ 1-10.5-28
y .....................................................
Generall 1-10.5-27
Education . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . 1-10.5-34
Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . . . .. . . . . . . 1-10.5-3Q
Policy declared .. .. ......... . .... ....... . ................... .... 1-10.5-25
Public information ............................................. 1-10.5-34
~olations and penalties ....................................... 1-10.5-35
Housing finance authority
Authority for enactment of provisions . . . . . . . . . . . . .. . . . . . . . . . 1-1Q.5-21
Creation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-10.5-23
Findings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-10. 5-22
Powers .......................................................... 1-10.5-24
State housing initiatives partnership program
Affordable housing advisory committee ..................... 1-10.5-42
Affordable housing assistance trust fund .. ........ ......... 1-10.5-39
AuthoritY~ Purpose . . .. . . . . . . .. .. .. . .... . ...... . .... ... . . . .. .. . . 1-10.5-37
City delegated to administer local housing assistance
program . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . 1-10.5-41
Definitions . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-10.5-38
Funds, distribution of ....... .......... .... ...... .. ........... . 1-10.5-43
Interlocal agreement .......................................... 1-i0.5-44
Local housing assistance program and partnership... .... . 1-10.5-40
~tle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-10.5-36
Supp. No. 66 3871
ST. LUCIE CODE
Section
HUMANE SOCIETY
Dogs; impoundment
Agreements with humane sceiety authorized .............. . 2-3-19
HUNTING
Animals engaged in sport of . .. . .... .... .. .. . ... . .. . .. . .. . . .. . . . . 1-4-21
County property, on .............................................. 1-15-20
~affic; hunting from county roads restricted . . . . . . . . . . . . . . . . . 1-20-2
HUTCHINSON ISLAND
On-site sewage disposal systems on Hutchinson Island .... .1-7.6-40 et seq.
See: EIVVIRONMENTAL CONTR,OL
IMPACT FEES
Educational facilities impact fee ...............................:1-6.5-51 et seq.
See: COMMUNITY I~EVELOPMENT
Fire/EMS protection impact fee ................................. 1-7.9-5 et seq.
See: FIRE PROTECTION
Libraries impact fee .............................................. 1-11-11 et seq.
See: LIBRARY
Park impact fee ................ ................................... 1-15-31 et seq.
Planning. See also that subject
Public buildings impact fee ............................. ......... 1-16.3-11
et seq.
Roads impact fees ................................................ 1-17-25 et seq.
See: ROADS AND BRIDGES
iMPOUNDMENT
Dogs; impoundment authorized .........................:....... 2-3-18
Hu~ane soeiety, agreements authorized .......... ..... .... . 2-.3-19
IMPR.OVEMENTS. See: PUBLIC IMPROVEMEIdTS
INCINERATOR UNITS
Regtilation ......................................................... 2-8-3
INDECENCY AND OBSCENiTY
Obscene materials; sa1e .........................................: 1-14-2
Specified sexual activities in commercial establishments.... 1-3-10 et seq.
See: ALCOHOLIC BEVERAGES
IIVDIAN RIVER
Nets, length restricted
Marking ...................................... ............. Z-8-1
INDIGENT PERSONS
Welfare; authority to provide care for indigent persons...... 2-18-1
INDUSTRY
Traffic; parking, stopping and standing
Heavy vehicles or equipment in residential. areas
Industrial equipment prohibited or restricted . . . ., . . . . . . 2-20-29
Supp. No. ss 3872
CODE INDEX
Section
RECORDS (Cont'dJ
Reproduction of public records .................................. 2-1-4
RECREATION. See: PAR.KS AND RECREATION
RECREATIONAL VEHICLES
~-affic; parking, stopping and standing
Heavy vehicles and equipment in residential districts
Exemption for recreational vehicles . . . . . . . . . . . . . . . . . . . . . . . 1-20-46
REFUSE. See: GARBAGE, TRASH AND REFUSE
RESERVE COMMUNITY DEVELOPMENT DISTRICT
Provisions enumerated ...... .. ........................ ...........1-6.5-35 et seq.
See: COMMUNITY DEVELOPMENT
RESTAURANTS
Occupational license taxes and regulations ................... 1-12-30
RETAIL STORE LICENSE
Occupational license taxes and regulations ................... 1-12-37
REWAR.DS
Persons violating laws or ordinances
Authority to offer rewards .................................... 1-2-1
RIVERS. See: DRAINAGE AND EROSION CONTROL; See
also: FISH AND GAME
ROADS AND BRIDGES
Abandoned property, garbage, trash, junk and debris ....... 1-9-17
See: GARBAGE, TRASH AND REFUSE
Building and equipment moving
Fees ............................................................. 1-17-48
Permit
Application . . .. . . . . . . ... .. . . ..... . .. .. ... . .. .. . ... .. . . ... . .. . . 1-17-41
Notice to be given; contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-17-44
Rejeetion of application . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-27-4~
Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-17-40
Requirements prior to issuance; insurance requirements 1-17-43
Safety requirements . . .. . ... . .. . ... . . . . . ... .... . .. . . ... . .. . . .. . 1-17-45
Size limitations ................................................. 1-17-46
Special permit .................................................. 1-17-47
Firearms, use prohibited in certain areas ..................... 1-7.8-16
Gentile Road
Use of portion of restricted ........... ........................ 1-20-4
Roads impact fee
Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-17-38
Authority and applicabilities ................ ........ ......... 1-17-25
Computation in the amount of ............................... 1-17-29
Credits .......................................................... 1-17-33.1
Definitions .. . ... . . . . . ... . .. .. .... . .. . . . . . . .. . . . . . . . . . . .. . . .. . .. . 1-17-34
Exemptions ........ ..... ... ...... ...... . ............ . ....... ... . 1-17-33
Impositions of ... ........ . .................. ........ .... ....... . 1-17-28
Supp. No. 66 3887
ST. LUCIE CODE
Section
ROADS AND BRIDGES (Cont'dJ
Independent property appraisal .............................. 1-17-36
IndependeAt traffic study .. .. . .... .. .. ... . . .. .... ...... .. .. .. . 1-17-35
Intent and purposes . .. . .... .. .. . .. .. .. . ... . .. .. .. .... . . ... ... . 1-17-26
Payment ........................................................ 1-17-30
Property appraisal
Independent property appraisal ........................... 1-17-36
Property review appraisal .................................. 1-17-37
Refund af fees paid ............. ............................... 1-17-32
Review .......................................................... 1-18-39
ftules of construction .......................................... 1-17-27
Short title ....................................................... 1-17-26
Use of funds and road benefit zones . . . . . . . . . . . . . . . . . . . . . . . . . 1-17-31
Signs or structures
Erection within right-of-way prohibited, removal .......... 1-17-1
Special improvement service district
Advance necessary expenses, county authorized ...... .... . 1-17-21
Annual assessments .. ...... ... .... ........ .. .. ............... . 1-17-20
Contraets ........................................................ 1-17-19
Creation
Authorized ................................................... 1-17-16
Proceedings .................................................. 1-17-17
Violation and confirmation of creation ...................... 1-17-18
Street and house naming and numbering ..... ............... . 1-17-50 et seq.
See: STREE~ AND HOUSE NAMING AND NUMBER-
ING
Additional pravisions. See: SUBDIVISIONS
~~
SANITATION. See: HEALTH AND SANITATION
SAVANIVAHS
Airboats prohibite~i in ...........:................................ 2-4-1
SCHOOLS
Alcoholic beverages, distance restrictions ..................... 1-3-2 et seq.
See: ALCC~HOLIC BEVER,AGES
SEWAGE DISPOSAL. See: WATER AND SEWERS
SEXUAL CONDUCT .
Specified sexual activities in commercial establishments.... 1-3-10 et seq.
See: ALCOHOLIC BEVERAGES .
SHERIFF
Chief correctional officer
Designation ..................................................... 1-18-3
Combat automobile theft prograxn .............................. 1-18-2
Court costs for law enforcement training ...................... 1-7-1
Motor vehicle liability insurance; requirement to maiiltain . 1-18-1
SHRUBS. See: VEGETATION
Supp. No. 66 3888
CODE INDEX
Section
SIDEWALKS. See: STREETS AND SIDEWALKS
SIGNS AND BILLBOARDS
Erection of signs or structures within right-of-way prohib-
ited
Removal ......................................................... 1-17-1
~
u
Supp. No. 66 3888.1